Jamison v. Allen et al

Filing 40

Ruling granting 28 Motion to Determine Expert Fee. See Ruling attached.. Signed by Judge Holly B. Fitzsimmons on 1/7/13. (Esposito, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
MICHAEL JAMISON

v.
GORDON T. ALLEN JR. &
GORDON SEVIG TRUCKING CO.

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CIV. NO. 3:11CV1024 (WWE)

RULING ON MOTION TO DETERMINE REASONABLE FEE FOR PLAINTIFF’S
VOCATIONAL EXPERT [DOC. #28]
Defendants move this court for determination of a
reasonable fee for plaintiff’s vocational expert witness, Dr.
Kenneth Reagles, for his time to prepare and attend a
deposition.

Plaintiff seeks $5,000 for the deposition and $500

for expenses. Defendants agree to pay costs in the amount of
$500.

At issue is the fee charged for Dr. Reagles to attend the

deposition. Defendants paid $1,500 to Dr. Reagles on November 7,
2012 to assure his attendance at the deposition, but this
payment did not resolve the issue of a reasonable fee for the
doctor’s services.
On November 27, 2012, the Court ordered plaintiff to
provide supplemental documentation in support of the fee

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request. [Doc. #32].

Plaintiff states that Dr. Reagles spent

two hours preparing for the deposition and approximately 3 hours
attending the deposition.

Rather than charge by the hour, Dr.

Reagles charges $5,000 to attend a deposition of less than four
hours in the same day. [Doc. #37 at 4]. Although the Court
sought information regarding fees awarded to Dr. Reagles in
other cases, this information was not provided. Rather,
plaintiff appended Dr. Reagle’s fee schedule and a “To Whom It
May Concern” letter dated December 5, 2012, in which Dr.
Reagles’ office manager restates the rates set forth in the fee
schedule. Id. at 5.

Defendants assert they “have no problem

compensating Dr. Reagles for his preparation time (he was
prepared and little time was wasted searching for answers or
documents), or his time at the deposition.” Defendants contend,
however, that $1,000 per hour is an unreasonable rate and ask
the Court to set a reasonable hourly fee.

[Doc. #39 at 1-2].

After careful consideration, the Court finds that plaintiff
has not demonstrated that Dr. Reagles’ fee request in the amount
of $5,000 for five hours of work preparing and attending a
deposition is reasonable or supported on this record.
Accordingly, defendants’ Motion to Determine Fee for
plaintiff’s vocational expert [Doc. #28] is GRANTED. Defendants
will pay Dr. Kenneth Reagles for his time preparing and

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attending a deposition in the amount of $2,500 and copy charges
in the amount of $500.
SO ORDERED at Bridgeport this 7th day of January 2013.

_________/s/________________
HOLLY B. FITZSIMMONS
UNITED STATES MAGISTRATE JUDGE

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