Petrone v. Werner Enterprises, Inc. et al

Filing 283

MEMORANDUM AND ORDER - Plaintiffs shall pay defendant Werner Enterprises costs in the amount of $61,222.14. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
PHILLIP PETRONE,

)
)
Plaintiff,
)
)
v.
)
)
WERNER ENTERPRISES, INC.,
)
d/b/a WERNER TRUCKING, and
)
DRIVERS MANAGEMENT, LLC
)
)
Defendants.
)
______________________________)
PHILLIP PETRONE,
)
)
Plaintiff,
)
)
v.
)
)
WERNER ENTERPRISES, INC.,
)
d/b/a WERNER TRUCKING, and
)
DRIVERS MANAGEMENT, LLC
)
)
Defendants.
)
______________________________)

8:11CV401

8:12CV307

MEMORANDUM AND ORDER

This matter is before the Court on defendant Werner
Enterprises’ submission of fees and expenses (Filing No. 278 in
8:11CV401; Filing No. 182 in 8:12CV307).

The submission was

filed in response to the Court’s order (Filing No. 275 in
8:11CV401; Filing No. 179 in 8:12CV307) requesting costs incurred
as a result of the late submission of plaintiffs’ supplemental
expert report.

Plaintiffs have filed an opposition brief (Filing

No. 281 in 8:11CV401; Filing No. 185 in 8:12CV307).

In determining the appropriate amount of expenses to
approve, the Court’s consideration included the following facts:
1) Plaintiffs’ motion to file a supplemental report was
filed more than a month before the deadline for Daubert motions
and more than two months before the deadline for summary judgment
motions.

The motion also included a request for expedited

briefing to resolve the matter with minimal disruption to the
briefing schedule.

Because of a mistake in the Court’s docket

management system, there was some delay in ruling on the motion
that was not within the control of the plaintiffs.
2) Rather than wait until the additional costs for
experts, legal research, and brief writing have actually been
incurred, defendants have chosen to submit their expenses now -relying on a summary statement of the costs incurred in producing
the original expert analysis and legal work.

Some of the

original work will undoubtedly be re-used when defendants file
motions in accordance with the new scheduling order.

However, a

summary of the original work is not conducive to a highly
accurate assessment of the work that will need to be duplicated
or that could have been avoided had plaintiffs filed their full
expert report in a timely manner.
3) The Court has already ordered that the second
deposition of plaintiffs’ expert will be at plaintiffs’ expense.
-2-

The Court finds that all costs submitted by defendants
should be reduced by 75%, except that the costs associated with
the Brief in Opposition to Motion to Modify Progression Order
should be reduced by only 25%.

Accordingly,

IT IS ORDERED that plaintiffs shall pay defendant
Werner Enterprises costs in the amount of $61,222.14.
DATED this 29th day of July, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

-3-