Williams v. Kitsap County et al

Filing 91

ORDER granting 69 Motion for Order Challenging Expert Deposition Fee, signed by Judge Ronald B. Leighton.(DN)

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ORDER Page - 1

HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA MARK WILLIAMS, as Personal Representative of the Estate of Shane P. Williams, and MARK WILLIAMS, a married as his separate Plaintiff, v. KITSAP COUNTY, a municipal corporation; BEN HERRIN and JANE DOE HERRIN, husband and wife, and the marital community comprised thereof; and PAUL WOODRUM and JANE DOE WOODRUM, husband and wife, and the marital community comprised thereof Defendants. THIS MATTER is before the court on the Defendants' challenge to the reasonableness of Plaintiff's expert's deposition fee. [Dkt. # 69]. At issue is the reasonableness of the $2,000.00 flat fee charged by Mr. Van Blaricom for an approximately 90 minute deposition. Fed. R. Civ. P. 26(b)(4)(C)(ii) is silent as to what constitutes a reasonable fee. However, the Court has discretion to limit or alter discovery costs when they appear unreasonable. Knight v. Kirby Inland Marine Inc., 482 F.3d 347, 356 (5th Cir. 2007) D.P. Van Blaricom's requested deposition fee of $2,000.00 is unreasonable. The defendant shall pay two hours of Mr. Van Blaricom's time, or $690.00, for the deposition. Case No. CV 08-5430-RBL ORDER ON DEFENDANTS' MOTION CHALLENGING EXPERT DEPOSITION FEE

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Any amount paid above that amount shall be refunded to the Defendants. IT IS SO ORDERED.

Dated this 29th day of June, 2009.

A

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

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