Conway et al v. Licata et al

Filing 145

District Judge Leo T. Sorokin: ORDER entered ALLOWING IN PART and DENYING IN PART the plaintiffs' 141 Motion to Compel. See attached Order. (Matteson, Nicholas)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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ANDREW CONWAY, et al.,
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Plaintiffs,
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v.
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Civil Action No. 13-12193-LTS
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SAM LICATA, et al.,
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Defendants.
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)

ORDER ON PLAINTIFFS’ MOTION TO COMPEL
October 20, 2014
SOROKIN, J.
The plaintiffs filed a twenty-page memorandum in support of their motion to compel the
defendants’ expert (1) to disclose his educational background; (2) to disclose his list of
publications; (3) to disclose the list of prior cases in which he has testified; and (4) to accept less
than $350 for his deposition and $250 for his preparation time. In addition, the plaintiffs request
that the Court order the defendants to bear the cost of their own counsel’s travel to Los Angeles
to attend the deposition.
Items one through three are straightforward matters that the Court reasonably would have
expected counsel to resolve among themselves given that the opposition discloses (1) the
expert’s training arises from work rather than formal education (he left college prior to
graduation to begin his career in the music industry), (2) that he has no publications, and (3) that
he has not testified in a case prior to this one. The Motion is DENIED as to items one through
three.

The expert’s fee of $350 for his deposition and $250 for his preparation time is
reasonable on its face in light of his experience in the industry. Accordingly, the Motion is
DENIED as to item four.
Each side shall bear its own costs to attend the deposition of the defendants’ expert in Los
Angeles.
Accordingly, the Motion to Compel, Doc. No. 141, is ALLOWED IN PART AND
DENIED IN PART as set forth above.

SO ORDERED.
/s/ Leo T. Sorokin
Leo T. Sorokin
United States District Judge

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