Seubert v. FFE Transportation Services, Inc. et al

Filing 112

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants motion for reconsideration or clarification is GRANTED in part and DENIED in part. (Doc. No. 110) IT IS FURTHER ORDERED that Plaintiff shall be required to pay the experts fe es and expenses associated with any supplemental deposition of the expert, but shall not be required to reimburse Defendants for any attorneys fees or expenses, associated with any such deposition. Signed by District Judge Audrey G. Fleissig on 5/1/2013. (KSH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JAMES G. SEUBERT,
Plaintiff,
vs.
FFE TRANSPORTATION
SERVICES, INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. 4:11CV01651AGF

MEMORANDUM AND ORDER
This matter is before the Court on Defendants’ motion for reconsideration or
clarification of this Court’s Order (Doc. No 105) of April 23, 2013. In that Order this
Court allowed Plaintiff to present a claim for lost profits on the condition that he disclose
all documents and evidence related to the 2011 tax return and immediately make himself
available for further deposition regarding his tax return and lost profits. The Order also
required that Plaintiff reimburse Defendants for the cost of the deposition and attorney’s
fees; and pay the expert’s fees associated with the supplementation of the expert report.
Defendants now seek an order providing that Plaintiff is required to pay not only the
expenses associated with the supplementation of the expert’s report, but also for the
expenses and attorney’s fees associated with re-deposing the expert.
Upon consideration of Defendant’s motion,

1

IT IS HEREBY ORDERED that Defendants’ motion for reconsideration or
clarification is GRANTED in part and DENIED in part. (Doc. No. 110)
IT IS FURTHER ORDERED that Plaintiff shall be required to pay the expert’s
fees and expenses associated with any supplemental deposition of the expert, but shall not
be required to reimburse Defendants for any attorney’s fees or expenses, associated with
any such deposition.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 1st day of May, 2013.

2