Settles v. Livengood et al

Filing 97

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants motion to enforce court order [Doc. # 94 ] is granted. IT IS FURTHER ORDERED that the plaintiff shall have until January 18, 2016, to pay Engineering Systems, Inc., the sum of $1,200.00, representing the expert witness deposition fee incurred in this litigation. Signed by District Judge Carol E. Jackson on 1/8/16. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
HARRY SETTLES,
Plaintiff,
vs.
BRIAN K. LIVENGOOD and HOGAN
TRANSPORTS, INC.,
Defendants.

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Case No. 4:13-CV-662 (CEJ)

MEMORANDUM AND ORDER
On July 13, 2015, pursuant to plaintiff’s stipulation for dismissal, the Court
entered an order reflecting the dismissal of the action and ordered the parties to
pay their own costs. Defendants move to enforce the order to require plaintiff to
pay the deposition costs of defense expert Kevin Breen. Plaintiff has filed a
response in opposition to the motion.
On May 18, 2015, plaintiff took Mr. Breen’s deposition. His fee for attending
the deposition was $1,200.00. On September 25, 2015, counsel for defendants
notified counsel for plaintiff that Mr. Breen’s invoice was still unpaid and requested
that plaintiff pay the amount owed. Plaintiff’s counsel responded that the invoice
would not be paid because the request was for payment was not made until more
than three months after settlement.
Federal Rule of Civil Procedure 26(b) provides that, “[u]nless manifest
injustice would result, the court must require that the party seeking discovery . . .
pay the expert a reasonable fee” for appearing at deposition. Fed.R.Civ.P.
26(b)(4)(E). Consistent with Rule 26(b), the July 13 order directed the parties to

pay their own costs included plaintiff’s payment of the expert witness deposition
fee. Plaintiff’s contention that the principles of equitable estoppel and laches
preclude defendants from seeking payment after the settlement was completed is
without merit. Because of the court order, plaintiff was obligated to pay the fee for
Mr. Breen’s deposition, regardless of when the bill was submitted to him. Plaintiff
cannot claim that he is prejudiced by being required to do now what he was
required to do several months ago.
Accordingly,
IT IS HEREBY ORDERED that defendants’ motion to enforce court order
[Doc. #94] is granted.
IT IS FURTHER ORDERED that the plaintiff shall have until January 18,
2016, to pay Engineering Systems, Inc., the sum of $1,200.00, representing the
expert witness deposition fee incurred in this litigation.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 8th day of January, 2016.

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