United States of America v. 12516 West 164th Street, Overland Park, Kansas et al

Filing 123

MEMORANDUM AND ORDER. The motions of Kansas Legal Services, Inc. (Leland E. Cox) for leave to withdraw (Doc. 121 ) and for attorney fees (Doc. 122 ) are granted. The United States is ordered to pay to Kansas Legal Services a total of $8,643.00. Signed by District Judge John W. Broomes on 9/20/2023. (mam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 6:15-01206-JWB

DEFFENDANT NO. 1:
REAL PROPERTY KNOWN AS 12516
WEST 164TH STREET, OVERLAND
PARK, KANSAS;
DEFENDANT #2:
REAL PROPERTY KNOWN AS 3612
WYATT LANE, TEXARKANA,
TEXAS;
DEFENDANT #3:
REAL PROPERTY KNOWN AS 1
WINDMERE DRIVE, TEXARKANA,
TEXAS;
DEFENDANT #4:
REAL PROPERTY KNOWN AS 10650
BREWER ROAD, SALADO, TEXAS;
DEFENDANT #5:
ONE 2011 CHEVROLET TAHOE,
VIN: 1GNSCCE0XBR355208;
DEFENDANT NO. 6:
ONE 2014 BMW 650i,
VIN: WBA6B2C53ED128785,
Defendants.
MEMORANDUM AND ORDER
This matter is before the court on Claimants Nagy G. Shehata’s and Valerie A. Shehata’s
motion for leave to withdraw (Doc. 121) and motion for attorney fees (Doc. 122). Having

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reviewed both motions and the attached exhibits, and there being no objection by the United
States, the court grants both motions for the reasons stated herein.
I.

Facts and Procedural History

On July 7, 2015, the United States filed a civil forfeiture action against real property at
address 12516 West 164th Street, Overland, Park, Kansas. (Doc. 1.) On February 4, 2016, this
court appointed Legal Services Corporation as counsel to provide consultation and representation
for individual defendants (property owners) Nagy G. Shehata and his wife, Valerie A. Shehata,
pursuant to 18 U.S.C. § 983(b)(2)(A). (Doc. 11.) On June 5, 2017, Nagy G. Shehata entered
into a plea agreement in Case No. 15-20052-01-CM. As part of that plea agreement Mr. Shehata
knowingly and voluntarily withdrew his claim in this civil case. (Doc. 64 in case No. 15-CR20052-CM at P. 5.) On June 30, 2020, Valerie Shehata retained other legal counsel. (Docs. 50,
51.)
On April 10, 2023, Valerie Shehata, through her counsel, along with Nagy Shehata
entered into a settlement agreement with the United States and on April 14, 2023, the United
States filed a motion to stay this action, (Doc. 119), pending the completion of the settlement.
On May 22, 2023, claimant filed a motion for leave to withdraw (Doc. 121) and on June 22,
2023, claimant filed a motion for attorney fees. (Doc. 122.) Claimant did consult with opposing
counsel (Special Assistant U.S. Attorney Scott Anderson), who reviewed both motions and has
no objection thereto. Claimant has communicated with both Nagy and Valerie Shehata and has
fully complied with D. Kan. Rule 83.5.5(a).
II.

Analysis

In this case, counsel was appointed under 18 U.S.C. § 983(b)(1) and/or § 983(b)(2).
Under section 983(b)(3), compensation under subsection (b) is equivalent to that provided for

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court-appointed representation under the Criminal Justice Act (CJA), 18 U.S.C. § 3006A. For
appointments under § 983(b)(2), the court is to enter a judgment in favor of the Legal Service
Corporation for reasonable fees and costs. 18 U.S.C. § 983(b)(2)(B)(ii). The judgment will be
treated as a judgment payable under 28 U.S.C. § 2465 regardless of the outcome. Id. Here, the
government does not dispute that reasonable fees and expenses are available and in accordance
with the CJA.
Mr. Cox, on behalf of Legal Services Corporation, seeks a total of $8,643.00 for 67 hours
of attorney time (@ $129.00 per hour) spent in representing Nagy and Valerie Shehata from
February 4, 2016, to the present. Reviewing the records, the court finds that the total hours
billed is reasonable. In fact, counsel does not seek reimbursement for any number of hours spent
by two other attorneys in that firm. In sum, the court finds that the 67 hours for which
compensation is being sought is reasonable and will approve payment of $8,643.00.
III.

Conclusion

The motion of Kansas Legal Services, Inc. (Leland E. Cox) for attorney fees (Doc. 122)
is GRANTED. The United States is ordered to pay to Kansas Legal Services a total of
$8,643.00.

IT IS SO ORDERED. Dated this 20th day of September, 2023.
____s/ John W. Broomes________
JOHN W. BROOMES
UNITED STATES DISTRICT JUDGE

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