Hamilton v. Lee

Filing 95

ORDER reducing amount of expert voucher. Ordered by Chief Mag. Judge Steven M. Gold on 10/5/2015. (Gold, Steven)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ROHAN HAMILTON,
Petitioner,
-against-

ORDER
13-CV-4336 (JBW)

WILLIAM LEE,
Respondent.
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GOLD, S., U.S.M.J.:
By Order dated May 29, 2015, I approved petitioner’s motion for leave to retain an expert
to assist in the evaluation of potentially hazardous materials. Docket Entry 85. Petitioner has
now submitted a voucher from the retained expert seeking payment in the amount of $12,086.76.
For the reasons stated below, I have determined that some of the items for which payment is
sought should be disallowed.
Petitioner’s expert is based in Rhode Island. Given the nature of the required expertise
and the difficulty reported by petitioner’s counsel finding an expert, I conclude that it was proper
for petitioner to retain an expert from out of town. Accordingly, and appropriately, the expert
seeks reimbursement for travel and lodging expenses. The amounts sought, however, are
unreasonable. For August 19, 2015, the expert seeks to be reimbursed for a total of $117.40 for
lunch and dinner. For August 20, 2015, the expert seeks to be reimbursed for a total of $215.12
for breakfast, lunch and dinner. The 2015 per diem rate for meals and incidental expenses for
federal employees in New York City is $71.00 per day. See
www.gsa.gov/portal/category/100120. Limiting the expert to this per diem amount results in a
reduction of $46.40 for August 19 and $144.12 for August 20.
The expert also seeks reimbursement for a hotel room charge of $435.60. The hotel
receipt does not appear to support the amount claimed. In any event, the per diem rate for
lodging for federal employees in New York City in August of 2015 was $235.00. See
www.gsa.gov/portal/category/100120. A further reduction of $200.60 is therefore appropriate.
Under the heading “reimbursables,” the expert seeks $862.50 for “1.00” of Paul
Matuszko, Certified Industrial Hygienist. The unit being measured by “1.00” is nowhere stated;
assuming, as seems logical, that the reference is to one hour of labor, the hourly rate is far above
any amount this Court would approve. Moreover, while the expert has submitted receipts for
such minor expenses as a $14.00 toll, there does not appear to be any receipt for Matuszko’s
$862.50. I accordingly conclude that the payment to the expert should be reduced by an
additional $862.50.

Finally, the expert seeks $100.08 for a car service he took to the Erie Basin. The expert
also seeks reimbursement, however, for overnight valet parking and tolls, indicating he had an
automobile with him and seeks payment for the consequent expenses he incurred. There would
appear to be no reason to retain a car service when a personal vehicle is available. I accordingly
reduce the amount sought by the expert by this amount as well.
For the reasons stated above, the voucher submitted by petitioner’s expert seeking a
payment of $12,086.76 is reduced by $1,353.70 (46.40 + 144.12 + 200.60 + 862.50 + 100.08) to
$10,7332.06.

SO ORDERED.
_________/s/_________________
STEVEN M. GOLD
United States Magistrate Judge
Brooklyn, New York
October 5, 2015
U:\Hamilton expert voucher.docx

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