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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SHARIFFE VAUGHN,

Case No.: 19cv1687-H(KSC)
Plaintiff,

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v.

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ORDER GRANTING PLAINTIFF’S
EX PARTE REQUEST FOR AN
ORDER APPROVING EXPENSES

DEREK A. HAMPTON, et al.,
Defendants.

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[Doc. No. 76.]

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This is a civil rights action alleging excessive force and retaliation while plaintiff

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was housed at the R.J. Donovan Correctional Center (RJD) in 2018. [Doc. No. 6.] On

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August 13, 2021, after the close of discovery but before trial, the parties filed a Notice of

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Settlement. [Doc. No. 73.]
Before the Court is plaintiff’s Ex Parte Request for an Order Approving Expenses.

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[Doc. No. 76.] Defendants have filed a Non-Opposition to plaintiff’s Request. [Doc.

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No. 80.] Plaintiff is required to seek the Court’s approval of litigation expenses pursuant

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to California Penal Code Section 2085.8(a), because he owes restitution in the amount of

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$3,180.60, which must be paid from the proceeds of a settlement “after payment of

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reasonable attorney’s fees and litigation costs approved by the court.” [Doc. No. 76, at

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p. 1.]

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19cv1687-H(KSC)

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To support his Ex Parte Request, plaintiff submitted the Declaration of his counsel,

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Ken Karan, along with Exhibits 1 through 16. [Doc. No. 76, at p. 2; Doc. No. 76-1, at

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pp. 1-40.] Mr. Karan’s Declaration states that all expenses being submitted for approval

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were reasonably and necessarily incurred to initiate and evaluate the case and to reach a

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resolution. [Doc. No. 76, at p. 2.] Exhibit 1 is a summary of $13,783.10 in incurred

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expenses. [Doc. No. 76-1, at p. 2.] Exhibits 2 through 16 are copies of records showing

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the claimed expenses that were incurred during the litigation. [Doc. No. 76-1, at pp. 3-

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40.]

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There is nothing in the record to indicate any of the claimed expenses were not

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reasonably and necessarily incurred. The expenses include the costs of filing fees,

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service of process, deposition transcripts, witness fees, and service of a records subpoena.

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[Doc. No. 76-2, at pp. 2-40.] As noted above, defendants do not object to any of the

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expenses as unreasonable or unnecessary. [Doc. No. 80.] In addition, resolution of the

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case in a manner favorable to plaintiff is further support for a finding that the claimed

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expenses were reasonable and necessary.

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Accordingly, under the circumstances presented, IT IS HEREBY ORDERED that

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plaintiff’s Ex Parte Request for an Order Approving Expenses is GRANTED. [Doc. No.

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76.] The Court finds that the incurred expenses documented in Exhibits 1 through 16

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were necessarily and reasonably incurred to reach a fair resolution of the case.

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IT IS SO ORDERED.
Dated: October 1, 2021

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19cv1687-H(KSC)