Borgmann et al v. Weyerhaeuser Company

Filing 208

ORDER Regarding Expert Witness Fees by Magistrate Judge Michael E. Hegarty on 8/1/2019. (cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-cv-02224-PAB-MEH
JAMI BORGMANN, individually and on behalf of minor children, S.B. and E.B.,
JUSTIN BORGMANN, individually and on behalf of minor children, S.B. and E.B.,
TONY AUYANG,
MARY RITZ,
JAMES RITZ,
ROBBY ORBANOSKY,
JUDITH ORBANOSKY,
HANNAH ORBANOSKY,
PHILIP WINTERLAND,
JOSLYN WINTERLAND,
STEVAN ADJEMIAN,
ASHLEY ADJEMIAN,
KELSY HERRICK, individually and on behalf of minor children, D.H. and M.H. and
JEFFREY HERRICK, individually and on behalf of minor children, D.H. and M.H.,
Plaintiffs,
v.
WEYERHAUSER COMPANY, and
WEYERHAUSER NR COMPANY,
Defendants.

ORDER

Michael E. Hegarty, United States Magistrate Judge.
The parties to this case have a dispute concerning expert witness fees.

Specifically,

Plaintiffs seek payment to their experts for time the experts used in preparing for their depositions.
The experts at issue are an industrial hygienist and four toxicologists.
some but not all hours requested by the experts.
amounts.

Defendants have paid for

I have been asked to referee the disputed

For each of the experts at issue, I make the following ruling.

I recognize that

Defendants have already agreed to pay some preparation time; such payments shall be an offset to
the following amounts due:

Industrial Hygienist Robert Woellner
Mr. Woellner’s hourly rate is $325.00 (other than travel time).
$8,425.00.

He sought a total of

This includes seven hours for the actual deposition, two hours travel time (at

$150.00/hour), and nineteen hours for preliminary work including deposition preparation,
document disclosures, and administrative tasks in setting up the deposition.

At issue is $5,850.00

for the preliminary work. For Mr. Woellner, as for all experts on either side of the case, some
preparation is necessary to ensure complete testimony and, obviously, to avoid creating potential
impeachment opportunities for opposing counsel.
every hour of deposition.

I will authorize two hours preparation for

Thus, Mr. Woellner shall be compensated for seven hours of deposition

and fourteen hours of preparation, including administrative tasks, for a total of twenty-one hours
at $325.00/hour and two hours travel time at $150.00/hour.
Toxicologist Dr. Ken Kulig
Dr. Kulig’s hourly rate is $600.00.
for a bill of $17,550.00.

He sought a total of twenty-nine and one-quarter hours

This includes seven hours for the actual deposition, no travel time, and

twenty-two and one-quarter hours for deposition preparation.
preparation.

At issue is $13,350.00 for

Dr. Kulig shall be compensated for seven hours of deposition, one hour travel, and

fourteen hours preparation, for a total of twenty-two hours at $600.00/hour.
Toxicologist Dr. Benjamin Hatten
Dr. Hatten’s hourly rate is $600.00.
$19,800.00.

He sought a total of thirty-three hours for a bill of

This includes nine hours for the actual deposition and travel time (combined, not

separated; the deposition lasted, according to Defendants, six and one-half hours), and twenty-four
hours for deposition preparation (including transcript review).
preparation.

At issue is $14,400.00 for the

Dr. Hatten shall be compensated for six and one-half hours of deposition, two and

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one-half hours travel, and thirteen hours preparation, for a total of twenty-two hours at
$600.00/hour.
Toxicologist Dr. E.W. Cetaruk
Dr. Cetaruk’s hourly rate is $600.00.
hours for a bill of $29,850.00.

He sought a total of forty-nine and three-quarters

This includes five hours for the actual deposition, one and one-

half hours travel time, and forty-three and one-quarter hours for deposition preparation.
is $25,950.00 for the preparation.

At issue

Dr. Cetaruk shall be compensated for five hours of deposition,

one and one-half hours travel, and ten hours preparation, for a total of sixteen and one-half hours
at $600.00/hour.
Toxicologist Dr. William Boroughf
Dr. Boroughf’s hourly rate is $600.00.
hours for a bill of $13,650.00.

He sought a total of twenty-two and three-quarters

This includes five and one-half hours for the actual deposition,

one hour travel time, and sixteen and one-quarter hours for deposition preparation (including
transcript review).

At issue is $9,750.00 for the preparation.

Dr. Boroughf shall be

compensated for five and one-half hours of deposition, one hour travel, and eleven hours
preparation, for a total of seventeen and one-half hours at $600.00/hour.
SO ORDERED.
Dated this 1st day of August, 2019, at Denver, Colorado.

BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

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