Vaughn v. Hampton et al

Filing 81

ORDER Granting Plaintiffs Ex Parte Request For An Order Approving Expenses[Doc. No. 76 .]. Signed by Magistrate Judge Karen S. Crawford on 10/1/2021. (dxf)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SHARIFFE VAUGHN, Case No.: 19cv1687-H(KSC) Plaintiff, 12 13 v. 14 ORDER GRANTING PLAINTIFF’S EX PARTE REQUEST FOR AN ORDER APPROVING EXPENSES DEREK A. HAMPTON, et al., Defendants. 15 [Doc. No. 76.] 16 17 This is a civil rights action alleging excessive force and retaliation while plaintiff 18 was housed at the R.J. Donovan Correctional Center (RJD) in 2018. [Doc. No. 6.] On 19 August 13, 2021, after the close of discovery but before trial, the parties filed a Notice of 20 Settlement. [Doc. No. 73.] Before the Court is plaintiff’s Ex Parte Request for an Order Approving Expenses. 21 22 [Doc. No. 76.] Defendants have filed a Non-Opposition to plaintiff’s Request. [Doc. 23 No. 80.] Plaintiff is required to seek the Court’s approval of litigation expenses pursuant 24 to California Penal Code Section 2085.8(a), because he owes restitution in the amount of 25 $3,180.60, which must be paid from the proceeds of a settlement “after payment of 26 reasonable attorney’s fees and litigation costs approved by the court.” [Doc. No. 76, at 27 p. 1.] 28 /// 1 19cv1687-H(KSC) 1 To support his Ex Parte Request, plaintiff submitted the Declaration of his counsel, 2 Ken Karan, along with Exhibits 1 through 16. [Doc. No. 76, at p. 2; Doc. No. 76-1, at 3 pp. 1-40.] Mr. Karan’s Declaration states that all expenses being submitted for approval 4 were reasonably and necessarily incurred to initiate and evaluate the case and to reach a 5 resolution. [Doc. No. 76, at p. 2.] Exhibit 1 is a summary of $13,783.10 in incurred 6 expenses. [Doc. No. 76-1, at p. 2.] Exhibits 2 through 16 are copies of records showing 7 the claimed expenses that were incurred during the litigation. [Doc. No. 76-1, at pp. 3- 8 40.] 9 There is nothing in the record to indicate any of the claimed expenses were not 10 reasonably and necessarily incurred. The expenses include the costs of filing fees, 11 service of process, deposition transcripts, witness fees, and service of a records subpoena. 12 [Doc. No. 76-2, at pp. 2-40.] As noted above, defendants do not object to any of the 13 expenses as unreasonable or unnecessary. [Doc. No. 80.] In addition, resolution of the 14 case in a manner favorable to plaintiff is further support for a finding that the claimed 15 expenses were reasonable and necessary. 16 Accordingly, under the circumstances presented, IT IS HEREBY ORDERED that 17 plaintiff’s Ex Parte Request for an Order Approving Expenses is GRANTED. [Doc. No. 18 76.] The Court finds that the incurred expenses documented in Exhibits 1 through 16 19 were necessarily and reasonably incurred to reach a fair resolution of the case. 20 21 IT IS SO ORDERED. Dated: October 1, 2021 22 23 24 25 26 27 28 2 19cv1687-H(KSC)

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