Cole v. Wilkerson et al
ORDER Granting Defendants' 27 Motion to Set Reasonable Deposition Fee for Michael Meeron, D.C. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 16-cv-10511
Hon. Matthew F. Leitman
ERIC WILKERSON, et al.,
ORDER GRANTING DEFENDANTS’ MOTION TO SET REASONABLE
DEPOSITION FEE FOR MICHAEL MEERON, D.C. (ECF #27)
This case arises out of a motor vehicle accident in which Plaintiff George
Cole was involved. Defendants now seek to depose chiropractor Dr. Michael
Meeron, who treated Cole after the alleged accident. But Meeron will not attend
his deposition unless he is paid a fee of $650 per hour of deposition time. (See
Plaintiff’s Email to Defendants Regarding Meeron Fee, ECF #27-3.) Defendants
contend that this fee is unreasonable.
On May 11, 2017, Defendants filed a motion asking the Court to set a
deposition fee for Meeron’s consistent with what any other lay witness would
receive – namely, $40 per day and mileage, as set forth in 28 U.S.C. § 1821 and
Federal Rule of Civil Procedure 45(b)(1). (See Motion, ECF #27 at Pg. ID 418-21.)
Defendants argue Meeron is not being deposed as an expert witness, and thus he is
not entitled to an expert witness fee under Federal Rule of Civil Procedure
26(b)(4)(E). (See id.) Cole has not filed any response in opposition to the Motion.
The Court has reviewed Defendants’ arguments in support of the Motion.
Defendant’s arguments are not unreasonable, and since the Motion is not opposed,
the Court will grant the requested relief. Accordingly, the Motion (ECF #27) is
GRANTED, and Meeron shall be paid only the witness fees set forth in 28 U.S.C.
§ 1821 and Federal Rule of Civil Procedure 45(b)(1).
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: June 23, 2017
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on June 23, 2017, by electronic means and/or ordinary
s/Holly A. Monda
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