Slack v. Corizon Medical Services, Inc. et al

Filing 60

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that counsel's motion for compensation of services and reimbursement of out-of-pocket expenses is GRANTED in the amount of Four Thousand Five Hundred Fifty-One Dollars and Ninety-Nine Cents ($4, 551.99). [Doc. 54 ] IT IS FURTHER ORDERED that the Clerk of the Court shall promptly disburse the sum of Four Thousand Five Hundred Fifty-One Dollars and Ninety-Nine Cents ($4,551.99) from the Attorney Admission Fee Non-Appropriated Fund, pay able to: Mr. Bradley R. Hansmann BROWN AND JAMES, P.C. 800 Market Street Suite 1000 St. Louis, MO 63101 The Court wishes to express its appreciation to appointed counsel for his efforts on behalf of plaintiff. Signed by District Judge Charles A. Shaw on 1/9/15. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ROBERT SLACK,
Plaintiff,
v.
SAMANTHA TURNTINE and
BRENDA REAGAN,
Defendants.

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No. 4:13-CV-1170 CAS

MEMORANDUM AND ORDER
This matter is before the Court on the motion of plaintiff’s appointed counsel Mr. Bradley
Hansmann for compensation of services and reimbursement of out-of-pocket expenses incurred in
representing plaintiff. Counsel seeks compensation from the Attorney Admission Fee NonAppropriated Fund for his attorney’s fees in the amount of $4,992.00 and out-of-pocket expenses
incurred for deposition transcripts, deposition fees, medical records, travel expenses, expert fees,
and copy charges in the total amount of $2,189.36. Counsel’s request is accompanied by firm billing
records.
All applications for disbursement of funds from the Attorney Admission Fee NonAppropriated Fund are governed by Local Rules 12.03 and 12.06, the Administrative Order of
January 15, 2008 concerning the Attorney Admission Fee Non-Appropriated Fund, and the
Regulations Governing the Disbursement of Funds from the Non-Appropriated Fund for Attorney’s
Fees and Out-of-Pocket Expenses Incurred by Attorneys Appointed to Represent Indigent Parties
in Civil Proceedings Pursuant to 28 U.S.C. § 1915(e), dated May 2010 (the “Regulations”), available
at http://www.moed.uscourts.gov/sites/default/files/Attorney_RegulationsForExpenditures.pdf.

A.

Attorney’s Fees
The applicable Regulations provide that the maximum reimbursement for attorney’s fees in

any one case is two thousand five hundred dollars. See Regulations, §§ B.2, D. Plaintiff’s counsel
claims 31.2 hours at a rate of $160 per hour for a total of $4,992.00. Unfortunately, the maximum
allowable payment for attorney’s fees in a civil appointment is $2,500.00. Counsel will be
compensated $2,500.00 for his services.
B.

Out-of-Pocket Expenses
With the standards of the Regulations in mind, the Court turns to the specific items of

expense for which reimbursement is sought.
1.

Deposition Transcripts

Counsel seeks reimbursement for deposition transcripts in the amount of $1,057.80. The
Regulations provide,
The costs of transcripts or depositions shall not exceed the regular original page and
copy rate established by the Judicial Conference of the United States [currently
$3.65] and in effect at the time any transcript was filed or deposition was taken,
unless some other rate was previously approved by order of court. Except as
otherwise ordered by the Court, only the cost of the original of any transcript or
deposition together with the cost of one copy [currently $0.60] each where needed
by counsel will be authorized.
Regulations, § E.1.
Counsel seeks reimbursement for four depositions: $177.80 for the deposition of Robert
Slack, $191.20 for the deposition of Dr. Roger Cameron, and $688.80 for the depositions of Nurses
Reagan and Pratt. The cost of the first two deposition will be allowed in total. The depositions of
Nurses Reagan and Pratt, which totaled 129 pages, exceed the original transcript rate of $3.65/page
plus $0.60/page for a regular copy established by the Judicial Conference of the United States. The

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allowable cost for these two depositions os $548.25. The total allowable reimbursement for
depositions is $917.25.
2.

Medical Expert Fees

Plaintiff seeks reimbursement of the $400 paid to Dr. Cameron for his time at his deposition
and $500 paid to a medical expert to review plaintiff’s medical records. Pursuant to the Regulations,
the fees for “appearance of witnesses that are not otherwise avoided, waived or recoverable may be
reimbursed.” See Regulations, § E.3. Additionally, out-of-pocket expenses for expert review of the
medical file is allowable pursuant to the Regulations at section E.7. Id. at § E.7. The total allowable
reimbursement for these fees is $900.
3.

Mileage

Counsel requests reimbursement for $87.45 for mileage expense for meeting with plaintiff
at Potosi Correctional Center, a trip of 159 miles. The Regulations provide that “[t]ravel by
privately-owned automobile may be claimed at the rate currently prescribed for federal judiciary
employees who use a private automobile for conduct of official business, plus parking fees, tolls and
similar expenses.” Regulations, § E.2. The current rate per mile is $0.57. The total allowable
reimbursement for counsel’s mileage is $90.63.
4.

Photocopy Charges

Counsel seeks reimbursement of photocopy charges in the amount of $15.90. This request
will be allowed. See Regulations, § E.5.
5.

Medical Records

The Court will reimburse counsel’s $128.21 out-of-pocket expenses paid for plaintiff’s
medical records. Id. at § E.5.
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Mr. Hansmann is entitled to $2,500.00 in attorneys’ fees and reimbursement for out-ofpocket expenses of $2,051.99. Counsel’s motion for compensation of services and reimbursement
of out-of-pocket expenses will be granted in the amount of $4,551.99.
Accordingly,
IT IS HEREBY ORDERED that counsel’s motion for compensation of services and
reimbursement of out-of-pocket expenses is GRANTED in the amount of Four Thousand Five
Hundred Fifty-One Dollars and Ninety-Nine Cents ($4,551.99). [Doc. 54]
IT IS FURTHER ORDERED that the Clerk of the Court shall promptly disburse the sum
of Four Thousand Five Hundred Fifty-One Dollars and Ninety-Nine Cents ($4,551.99) from the
Attorney Admission Fee Non-Appropriated Fund, payable to:

Mr. Bradley R. Hansmann
BROWN AND JAMES, P.C.
800 Market Street
Suite 1000
St. Louis, MO 63101

The Court wishes to express its appreciation to appointed counsel for his efforts on behalf
of plaintiff.

__________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 9th day of January, 2015.

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