Opinion
Case No. 2:08-CV-03069-LKK-AC (PC)
01-31-2013
CHARLES ROBERT GORTON, Plaintiff, v. TODD, et al. Defendants.
Dean A. Morehous (SBN: 111841) Nicholas W. Short (SBN: 253922) Jocelyn M. Wang (SBN: 267937) WINSTON & STRAWN LLP Attorneys for Plaintiff, CHARLES ROBERT GORTON
Dean A. Morehous (SBN: 111841)
Nicholas W. Short (SBN: 253922)
Jocelyn M. Wang (SBN: 267937)
WINSTON & STRAWN LLP
Attorneys for Plaintiff,
CHARLES ROBERT GORTON
PLAINTIFF'S THIRD REQUEST FOR AUTHORITY TO INCUR COSTS
(APPOINTED COUNSEL) AND REQUEST FOR PAYMENT
The Honorable Lawrence K. Karlton
Amended Complaint Filed: February 26, 2009 Trial Date: February 20, 2013
PART I
I, Nicholas Short, attorney for Charles Robert Gorton ("Plaintiff") declare as follows: I was appointed to represent Plaintiff in this action on November 3, 2010 by the Honorable Lawrence K. Karlton, United States District Judge. I believe that the following course of action is necessary to the prosecution of this action: further consultation with nephrologist David Lovett, M.D. to prepare for trial, and for his time to testify at trial (set to begin on February 20, 2013).
On August 29, 2011, I filed a Request for Authority to Incur Costs (Appointed Counsel) and Request for Payment with this Court in the amount of $3,750. On May 16, 2011, I filed a second Request for Authority to Incur Costs (Appointed Counsel) and Request for Payment with this Court in the amount of $7,500. The Court approved both of those request, and at this time, the requested funds have been incurred (see chart below).
In the second request, I indicated my intent to file a third request for the costs of expert preparation and attendance should the case proceed to trial. I have made reasonable inquiry and believe that the cost of this course of action will not exceed $7,000, which includes $3,000 for one day of Dr. Lovett's attendance at trial and 16 hours of consultation for preparation at Dr. Lovett's standard rate of $250 per hour.
I therefore request that this court authorize the expenditure, in an amount not to exceed $7,000, for the completion of this contemplated course of action.
The following payments of costs have been heretofore approved in this matter:
+-----------------------------------------------------------------------------+ ¦Amount Approved ¦Purpose ¦Amount Paid ¦ +-----------------+---------------------------------------------+-------------¦ ¦$3,750 ¦Consultation with nephrologist; preparation ¦$3,750 paid ¦ ¦ ¦of report ¦ ¦ +-----------------+---------------------------------------------+-------------¦ ¦ ¦Further consultation with nephrologist; ¦ ¦ ¦$7,500 ¦preparation of expert report and discovery; ¦$7,675 paid ¦ ¦ ¦preparation for expert depositions ¦ ¦ +-----------------------------------------------------------------------------+
I declare under the penalty of perjury that the foregoing is true and correct.
Signed this 25th day of January, 2013 in San Francisco, California.
WINSTON & STRAWN LLP
By: ________
Nicholas Short
Attorney for Plaintiff
The above expenditure is:
X Approved.
_ Disapproved.
Or,
_ Good cause appearing therefore, this matter is set for discovery conference, pursuant to Rule _, on _, 2013, at _ in Courtroom Number _.
________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT
PART II
To the clerk of the above-entitled court:
I declare under the penalty of perjury that I have completed the action contemplated above, that I have incurred actual cost in the amount of $ _, and that I have paid that cost.
I therefore request reimbursement of this cost. I understand and agree that this cost will be reimbursed out of any recovery or settlement resulting from this action.
Signed this _ day of _, 2013, at San Francisco, California.
WINSTON & STRAWN LLP
By: ________
Nicholas Short
Attorney for Plaintiff