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Contract: Other | Texas Southern
Appear Pro Hac Vice
MOTION to Appear Pro Hac Vice for Mark Durbin (Fee Paid: $100, receipt number ATXSDC-36613359) by Javier Gutierrez Becerril, Guillermo Turrent Schnaas, filed. Motion Docket Date 9/8/2026. (Durbin, Mark)
Civil Rights: Jobs | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 49 Letter,, filed by Brenda Thomas ENDORSEMENT: Despite Plaintiff's IFP status, there is no mechanism for the Court to cover the costs she incurs conducting depositions. Her IFP status only waives the specific items identified in the IFP statute, which does not include costs associated with depositions like hiring a court reporter and ordering transcripts. See 28 U.S.C. § 1915; Lamar v. Kisrel, No. 10CV761, 2012 WL 2132276, at *2 (W.D.N.Y. June 12, 2012) ("[I]t is the plaintiff's responsibility to pay for the costs of litigation other than the fees and specific items waived by the grant of the plaintiff's in forma pauperis status."); Bonano v. Tillinghast, 18-CV-6405FPG, 2021 WL 1117027, at *2 (W.D.N.Y. Mar. 24, 2021) (explaining that plaintiff's IFP status did not "relieve him of the obligation to pay litigation expenses, including deposition costs"). If Plaintiff is interested in proceeding with depositions of former employees, and is willing to incur the associated costs, she will have to prepare subpoenas for each witness she intends to depose. Each witness will require a separate subpoena, and each subpoena must include the location of the deposition and the witness' address for purposes of service by the United States Marshals Service. Attached to this order is a sample blank form titled "Subpoena to Testify at a Deposition in a Civil Action" (AO 88A, (Rev. 12/20)) that Plaintiff may use for each witness she wants to depose. If Plaintiff is interested in proceeding with depositions, she must return a subpoena for each desired witness by August 31, 2026. At that time, the Court will direct the United States Marshals Service to serve any properly issued subpoenas because Plaintiff was granted leave to proceed in forma pauperis (IFP) (ECF No. 8). See Artis v. Phelps Mem'l Hosp. Ass'n, No. 23 CIV. 9827 (KMK) (AEK), 2026 WL 594226, at *1 (S.D.N.Y. Mar. 3, 2026). But Plaintiff is advised again that IFP status does not relieve her from having to pay any other costs related to the depositions. SO ORDERED (Signed by Magistrate Judge Victoria Reznik on 8/17/2026) (ks)
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