United States of America v. $25,180.00 in United States Currency

Filing 73

ORDER - The claimant's Motion to Retain Expert Witness Using Federal Practice Fund (filing 71 ) is denied without prejudice. Ordered by Judge John M. Gerrard. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,

4:13-CV-3103

vs.
ORDER
$25,180.00 IN UNITED STATES
CURRENCY,
Defendant.
This matter is before the Court on the claimant's Motion to Retain
Expert Witness Using Federal Practice Fund (filing 71). For the reasons
explained below, the Court will deny that motion without prejudice.
The Amended Federal Practice Fund Plan and the Federal Practice
Committee Plan (as adopted March 11, 2014) provides that when seeking
prior authorization to incur expenses, counsel "must set forth the purposes
for incurring the expenses, the estimated cost, the applicant's efforts to keep
the cost as low as possible, and the applicant's efforts to obtain funds from
other sources to pay the expenses." Id. at 6. The Court is satisfied that other
funds are unavailable to pay the expense at issue here, and that counsel will
keep the cost as low as possible. The sticking point is that the claimant has
not estimated the cost of such an undertaking. And that leaves the Court in a
difficult position, because the Federal Practice Fund Plan requires the Court,
when approving an application for authorization to incur expenses, to file an
authorization order "stating the maximum amount approved." Federal
Practice Fund Plan, at 6. And with the record as it stands, the Court has
nothing on which to base such a determination.
So, the Court will deny the claimant's motion, but without prejudice to
reasserting it with some basis for the Court to approve the amount of
expenses to be incurred. Should the claimant's initial estimate prove
inaccurate, then the matter can be revisited—but the Court at least needs
counsel's "best estimate" in order to comply with the terms of the Federal
Practice Fund Plan.

IT IS ORDERED:
1.

The claimant's Motion to Retain Expert Witness Using
Federal Practice Fund (filing 71) is denied without
prejudice.

Dated this 3rd day of November, 2014.
BY THE COURT:

John M. Gerrard
United States District Judge

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