Bieber et al v. Nace et al

Filing 125

ORDER denying Eastern Industries, Inc.'s motion for reimbursement of expenses & counsel fees pursuant to LR 30.12 73 . (See order for complete details.) Signed by Honorable Christopher C. Conner on 04/04/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

STEPHEN K. BIEBER and KAREN
BIEBER,
Plaintiffs
v.
DAVID J. NACE and EASTERN
INDUSTRIES, INC.,
Defendants

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CIVIL ACTION NO. 1:10-CV-0718
(Judge Conner)

ORDER
AND NOW, this 4th day of April, 2012, upon consideration of the motion for
reimbursement of expenses and counsel fees pursuant to Local Rule 30.12 (Doc. 73),
filed by defendant Eastern Industries, Inc. (“EII”), wherein EII requests
reimbursement from plaintiffs of $3,306.80 in expenses and counsel fees associated
with attending the trial depositions of plaintiffs’ experts Francis X. Camillo, M.D.
and Edward A. Perez, M.D., in Memphis, Tennessee on January 3, 2012, and upon
further consideration of the response thereto (Doc. 93), wherein plaintiffs assert
that the Local Rule is discretionary and does not require an award of expenses and
counsel fees and, moreover, the requested expenses and counsel fees are not
reasonable,1 and it appearing that pursuant to Local Rule 30.12, for any oral
deposition, including a videotape deposition, taken outside the Middle District of

1

Plaintiffs further argue that any costs incurred by EII should be offset by
expenses Mr. Bieber incurred for his travel to Pittsburgh for an examination by
EII’s expert witness. (See Doc. 93, at 6 n.2).

Pennsylvania, “a party may apply to the court for an order requiring the party
requesting the deposition to pay the opposing party reasonable expenses and
counsel fees incident thereto,” see L.R. 30.12, and the court finding that the court
may but need not order the reimbursement of expenses and costs, and the court
concluding that in the instant matter it is fair and equitable that the parties bear
their own expenses related to the depositions, it is hereby ORDERED that the
motion for reimbursement of expenses and counsel fees pursuant to Local
Rule 30.12 (Doc. 73) filed by Eastern Industries, Inc. is DENIED.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge