Taylor v. Holtmeyer et al

Filing 69

ORDER that the plaintiff's request for pre-approval to incur further litigation expenses is granted. Plaintiff's counsel is authorized to incur expenses related to the litigation, as set forth in the materials submitted to the Court ex part e for in camera review, not to exceed $6,400 absent further permission from the Court. That $6,400 authorization shall not count against the $500 pre-authorized limit provided by the guidelines for appointed counsel regarding attorney expenses reimbursable from the Federal Practice Fund, and is in addition to expenditures previously authorized. Ordered by Judge John M. Gerrard. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DE-VAUNTE J. TAYLOR,
4:14-CV-3127
Plaintiff,
vs.

ORDER

JAMES E. HOLTMEYER,
Defendant.
This matter is before the Court on the plaintiff's request for preapproval to incur litigation expenses. The plaintiff's request will be granted.
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. And the Court, when approving
an application for authorization to incur expenses, is required to file an
authorization order "stating the maximum amount approved." Federal
Practice Fund Plan, at 6.
The Court has reviewed the plaintiff's request, based on materials that
were presented to the Court ex parte for in camera review. The Court finds
that the claimant's purposes for incurring the expenses are appropriate. The
Court is also satisfied that other funds are unavailable to pay these expenses,
and that counsel will keep the cost as low as possible. Accordingly, the Court
will grant the plaintiff's request.
IT IS ORDERED:
1.

The plaintiff's request for pre-approval to incur further
litigation expenses is granted.

2.

Plaintiff's counsel is authorized to incur expenses related to
the litigation, as set forth in the materials submitted to the
Court ex parte for in camera review, not to exceed $6,400
absent further permission from the Court.

3.

That $6,400 authorization shall not count against the $500
pre-authorized limit provided by the guidelines for
appointed
counsel
regarding
attorney
expenses
reimbursable from the Federal Practice Fund, and is in
addition to expenditures previously authorized.

Dated this 2nd day of December, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge

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