Rust et al v. Gunter et al

Filing 162

ORDER - The Motion for Reimbursement from the Federal Practice Fund (Filing No. 160 ) filed by Plaintiff's counsel is granted, in part, as follows: Total expenses are ordered reimbursed in the amount of $779.80. Ordered by Chief Judge Laurie Smith Camp. (E-mailed to PAW as directed) (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN RUST, CHARLES J. PALMER,
PETER HOCHSTEIN, STEVEN HARPER,

CASE NO. 4:84CV712

Plaintiffs,
vs.

ORDER

FRANK GUNTER, Individually and as
Director of Correctional Services;
CHARLES BLACK, Individually and as
warden of Nebraska State Penitentiary;
CHARLES HOHENSTEIN, Individually
and as Legal Aid Coordinator; JOHN P.
SHAW, Individually and as Associate
Warden, Programs; TERENCE B.
CAMPBELL, Individually and as Legal
Aid Coordinator; JOHN T. EGGERS,
Individually and as Housing Unit
Manager; MARIO PEART, Individually
and as Unit Administrator; HAROLD W.
CLARKE, Individually and as Associate
Warden, Custody; GARY GRAMMER,
Individually and as Warden of the
Nebraska State Penitentiary; and FRED
BRITTEN,
Defendants.
This matter is before the Court on the Motion for Reimbursement from the
Federal Practice Fund (Filing No. 160) filed by Plaintiff’s counsel, Michael J. Wilson.
Plaintiffs’ counsel seeks reimbursement of $975.07. He has summarized the expenses
for which he seeks reimbursement, as follows:
1.

October 7, 2011, Depositions

$500.001

2.

October 18, 2011, Depositions

$279.80

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Plaintiffs’ counsel represents that he incurred $606.95 in deposition expenses prior to October
17, 2011. He states that he seeks reimbursement for only $500.00 of the $606.95 incurred because he
had not obtained prior Court authorization when he incurred those expenses that took his total expenses
over $500.00.

3.

Nebraska Department of Correctional
Services Copying Charges

$ 31.802

4.

Discovery Copying Charges

$ 35.553

5.

Postage for Client Correspondence

$127.924

TOTAL:

$975.07

Plaintiffs’ counsel has submitted invoices evidencing that those expenses have been
incurred. (See Filing No. 161.)
The Court appointed Mr. Wilson to represent the Plaintiffs in this matter on
December 15, 2010. (Filing No. 116, ¶ 1.) When appointing Mr. Wilson to represent
the Plaintiffs, the Court ordered that payment of the Plaintiffs’ “litigation costs and
attorney fees . . . be paid from the Federal Practice Fund under the restrictions set out
in the Amended Plans for Administration of the Federal Practice Fund and the Federal
Practice Committee District of Nebraska (As of July 15, 2008).”5 (Filing No. 116, ¶ 2.)
On October 12, 2011, Plaintiffs’ counsel applied for advance authorization to incur
expenses in excess of $500.00, representing that he “determined that he must depose
numerous current and former Nebraska Department of Correctional Services (NDCS)
employees.” (Filing No. 131.) On October 17, 2011, the Court authorized Plaintiffs’
2

“Subsequent to October 17, 2011, counsel for the Plaintiffs incurred costs of $31.80 for copies
made at Tecumseh Correctional Institution. Counsel paid NDCS $31.80 by check.” (Filing No. 160, at ¶
6 (citing Ex. 3); see also Filing No. 160-3).)
3

“Subsequent to October 17, 2011, counsel for Plaintiffs incurred costs of $35.55 for copies of
discovery responses. Counsel paid Legal Imaging Solutions $35.55 by check.” (Filing No. 160, at ¶ 7
(citing Ex. 4); see also Filing No. 160-4.)
4

“Subsequent to October 17, 2011, counsel for Plaintiffs incurred the following postage costs for
documents mailed to Plaintiffs: $21.10 (12-16-11), $9.68 (12-28-11), $14.28 (1-12-12), $2.16 (1-17-12),
$15.05 (1-24-12), $6.85 (1-26-12), $10 (1-30-12), $10.30 (1-31-12), $4.95 (2-17-12), $7.15 (3-1-12),
$7.15 (3-23-12), $7.15 (4-4-12), $7.15 (5-3-12), $4.95 (5-25-12).” (Filing No. 160, at ¶ 8, (citing Ex. 5);
see also Filing No. 161-5.)
5

The Amended Plans for Administration of the Federal Practice Fund and the Federal Practice
Committee is made available at: http://www.ned.uscourts.gov/attorney/federal-practice-committee.

2

counsel “to incur expenses of $2000 for court reporting and transcription services in
addition to the expenses of $500 already authorized under Section VI-E of the Amended
Plans for the Administration of the Federal Practice Fund and Exhibit A attached
thereto.” (Filing No. 132.)
As Plaintiffs’ counsel acknowledges, to receive reimbursement for reimbursable
expenses that take the total amount of reimbursable expenses incurred over $500.00,
counsel must obtain advance approval from the Court.

“Counsel will not receive

reimbursement for expenses incurred before receiving prior authorization.”

See

Amended Plan for the Administration of the Federal Practice Fund and the Federal
Practice Committee, Attachment A, ¶ 1.b.
Plaintiffs’ counsel will be reimbursed for $500.00 of reimbursable expenses
incurred prior to October 17, 2011, because he did not need prior Court authorization to
incur those expenses to receive reimbursement for them. Plaintiffs’ counsel will also be
reimbursed for the $279.80 in deposition expenses incurred with respect to the October
18, 2011, depositions because he received prior Court authorization for those
expenses. Plaintiffs’ counsel will not, however, be reimbursed for the expenses relating
to copying charges and postage for client correspondence, because the Court’s preauthorization of expenses in excess of a total of $500 from the Federal Practice Fund
referred only to “court reporting and transcription services.” Of course, nothing will
prevent Plaintiffs from seeking an award that includes such expenses in the event that
Plaintiffs are prevailing parties at the conclusion of the litigation.

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Accordingly,
IT IS ORDERED:
1.

The Motion for Reimbursement from the Federal Practice Fund (Filing No.
160) filed by Plaintiff’s counsel is granted, in part, as follows:
Total expenses are ordered reimbursed
in the amount of $779.80; and

2.

A copy of this Order shall be provided to Pat Williamson of the Clerk’s
Office so that he may make arrangements for payment from the Federal
Practice Fund, and appropriate bookkeeping entries.

Dated this 21st day of August, 2012.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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