Holmes v. Overall et al

Filing 103

MEMORANDUM AND ORDER, granting 102 First MOTION for Out of Pocket Expenses filed by Curtis Holmes. Signed by Judge J. Phil Gilbert on 6/2/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CURTIS HOLMES,
Plaintiff,
v.

Case No. 13-cv-290-JPG-PMF

DR. L. OVERALL, DR. GARDNER,
REDNOUR, UNKNOWN PARTY DENTAL
MEDICAL DIRECTOR and WEXFORD
HEALTH SOURCES, INC.,
Defendant.
MEMORANDUM AND ORDER
This matter is before the Court on the motion of D. Lynn Whitt, plaintiff Curtis Holmes’
recruited counsel, for reimbursement of $2,609.18 in out-of-pocket expenses for work conducted
during his approximately eighteen months’ representation of Holmes (Doc. 102). Whitt performed
all his legal work – including conducting discovery, filing a motion for summary judgment, and
defending against multiple defense motions for summary judgment – at a time when the Plan for the
Administration of District Court Fund allowed a single judge to authorize reimbursement of
out-of-pocket expenses of up to $2,500. However, that plan changed in May 2016 to reduce that
reimbursable amount to $1,000, as funds are available. Because the Court finds Whitt’s expenses to
be reasonable in light of the work he accomplished, because Whitt performed his work when the
higher limit was in place, and because at that time everyone involved anticipated the higher amount
would be available without recourse to higher authority, the Court believes it is appropriate to allow
reimbursement of $2,500. Accordingly, the Court GRANTS Whitt’s motion (Doc. 102),
APPROVES reimbursement in the amount of $2,500 and DIRECTS the Clerk of Court to reimburse
Whitt for that amount from the District Court Fund.
IT IS SO ORDERED.
DATED: June 2, 2016
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE