Smith v. Diagnostics and Evaluation Center et al

Filing 110

ORDER - The Motion for Reimbursement from the Federal Practice Fund (Filing No. 109 ) filed by Plaintiff's counsel is granted. Expenses are ordered reimbursed to Plaintiff's counsel in the amount of $1,819.15. A copy of this Or der shall be provided to Pat Williamson of the Clerk of Court's Office so that he may make arrangements for payment from the Federal Practice Fund, and appropriate bookkeeping entries. Ordered by Chief Judge Laurie Smith Camp. (Copy provided as directed)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID SMITH,
Plaintiff,

4:13CV3041

vs.
ORDER
SARGENT TURNER, in their Individual
capacities; CORPORAL BELL, AND in
their Individual capacities; and DIANE
SABATKA-RINE, Warden (N.S.P.);
Defendants.

This matter is before the Court on the Motion for Reimbursement from the
Federal Practice Fund (Filing No. 109) filed by Plaintiff’s counsel, Andre R. Barry.
Plaintiff’s counsel seeks reimbursement of $1,819.15 for court reporting fees incurred in
the course of representing Plaintiff David Smith. Counsel’s request is supported by a
voucher. (Filing No. 109 at ECF 3-5.) Local General Rule 1.7 established the Federal
Practice Fund to reimburse appointed counsel in civil cases for out-of-pocket expenses
incurred in representing indigent parties. See NEGenR 1.7(g) and (h). The Federal
Practice Fund is administered through the Amended Plan for the Administration of the
Federal Practice Fund and the Federal Practice Committee (“the Plan”).1
Attachment A to the Plan (“Attachment A”) states that NEGenR 1.7 limits
reimbursement to those expenses a) reasonably incurred after advance authorization,
and b) for which no other source of payment exists. The Plan also authorizes counsel to
incur some expenses without prior authorization.

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Paragraph 1.a. of Attachment A

The Plan is available to the public through
http://www.ned.uscourts.gov/attorney/federal-practice-committee.

the

Court’s

website

at

authorizes counsel to incur up to $500 in reasonable and necessary expenses without
prior authorization. See Attachment A Paragraph 1.b.
Paragraph 3.f. expressly authorizes reimbursement for court reporter fees for
depositions of essential witnesses.

Although there is no indication in the record

showing preauthorization for litigation expenses in excess of $500, the Court will
approve reimbursement of Plaintiff’s counsel for the full amount incurred and requested.
IT IS ORDERED:
1.

The Motion for Reimbursement from the Federal Practice Fund (Filing No.
109) filed by Plaintiff’s counsel is granted;

2.

Expenses are ordered reimbursed to Plaintiff’s counsel in the amount of
$1,819.15; and

3.

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

Dated this 2nd day of June, 2016
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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