May et al v. BHP Billiton Petroleum (Fayetteville) LLC

Filing 128

ORDER: Joint Report, 125 noted. BHP is not obligated to pay for plaintiff May's expenses or time, or for counsel's time, related to the canceled deposition. BHP must pay McArthur his standard hourly rate ($500) for time in deposition per the transcript. BHP shall also pay each expert for one additional hour beyond transcript time on the day of deposition to cover breaks, getting to and from the place of deposition, and the like. BHP is not obligated to pay for deposition preparation time. BHP has no obligation to pay any expert's travel expenses absent some prior specific agreement between counsel. Signed by Judge D. P. Marshall Jr. on 9/16/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

KENNETH JOE MAY; MARY ANN MAY;
STEVE SNOWDEN; and CINDY SNOWDEN

v.

PLAINTIFFS

No. 4:13-cv-494-DPM

BHP BILLITON PETROLEUM (Fayetteville) LLC

DEFENDANT

ORDER

Joint report, NQ 125, noted. BHP is not obligated to pay for plaintiff
May's expenses or time, or for counsel's time, related to the canceled
deposition. BHP must pay McArthur his standard (albeit high) hourly rate
($500) for time in deposition per the transcript. BHP shall also pay each expert
for one additional hour beyond transcript time on the day of deposition to
cover breaks, getting to and from the place of deposition, and the like. BHP
is not obligated to pay for deposition preparation time. This would be
contrary to usual practice in this district. And absent some prior specific
agreement between counsel, which the Court does not see, BHP has no
obligation to pay any expert's travel expenses. Counsel sometimes trade
expense reimbursement for location. But that apparently didn't happen here.

Joint report, NQ 125, addressed.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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