Lewis v. Republic Fire & Casualty Insurance Co et al

Filing 80

RULING denying 76 Motion to Set Fee of Republic Fire and Casualty Insurance Company's Experts William "Chunky" Folks and Louis G. Fey. Signed by Magistrate Judge Carol B Whitehurst on 05/13/2016. (crt,Thomas, T)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
KAREN LEWIS

*CIVIL NO. 6:15-0035

VERSUS

*JUDGE DOHERTY

REPUBLIC FIRE & CAS. INS. CO.

*MAGISTRATE JUDGE WHITEHURST

RULING ON MOTION FOR EXPERT FEES
Pending before the undersigned is the Motion to Set the Fee of Republic Fire and
Casualty Insurance Company’s (“Republic”) Experts at an Amount that Does not Exceed
$150.00 per hour filed by plaintiff, Karen Lewis (“Lewis”), on May 3, 2016 [rec. doc. 76].
Republic filed opposition on May 11, 2016. [rec. doc. 78].
For the following reasons, the motion is DENIED.
Analysis
Lewis seeks to set the fees of Republic’s experts, Louis G. Fey and William Charles
“Chunky” Folks at the rate of $150.00 per hour.
The Scheduling Order reflects that the expert deposition deadline is Monday, May 16,
2016. [rec. doc. 23]. Accordingly to Republic’s counsel, plaintiff has not yet scheduled these
depositions. Thus, this motion would be rendered moot.
In any event, the undersigned finds that Lewis has not shown that a reduction in these
experts’ rates is warranted. To determine whether a fee request is reasonable, courts consider
seven criteria: (1) the witness's area of expertise; (2) the education and training required to
provide the expert insight that is sought; (3) the prevailing rates of other comparably respected
available experts; (4) the nature, quality, and complexity of the discovery responses provided;
(5) the fee actually charged to the party who retained the expert; (6) fees traditionally charged

by the expert on related matters; and (7) any other factor likely to assist the court in balancing
the interest implicated by Rule 26. Borel v. Chevron U.S.A. Inc., 265 F.R.D. 275, 276 (E.D.
La. 2010).
The undersigned has reviewed these factors and determined that based on Mr. Fey’s
curriculum vitae and Mr. Folk’s resume, Republic’s experts are well-qualified and Lewis has
not shown good reason for limiting their fees. Instead, it appears to the undersigned that
Lewis’s motion to limit these experts’ fees was filed in response to the ruling on Republic’s
Motion to Compel and for Contempt Against Nader Anthony Odeh and Claims Consulting &
Contracting, LLS [rec. doc. 61], in which this Court set Mr. Odeh’s fee at $150 per hour and
ordered that his deposition be taken at the federal courthouse in New Orleans. [rec. doc. 73].
Regardless of whether this was the true motivation, the undersigned finds that Messrs. Fey and
Folks’ fees are reasonable.1
Accordingly, Motion to Set the Fee of Republic Experts [rec. doc. 76] is DENIED.
Signed May 13, 2016, at Lafayette, Louisiana.

1

Republic’s counsel also noted in his brief that clients of plaintiff’s proferred expert have
paid Mr. Folks approximately $350 per hour as an umpire in appraisals in which plaintiff’s
proffered expert participates. [rec. doc. 78, p. 2 ]. This is even more reason to support the fees
charged by Folks in this case.
2