Korabik v. Arcelormittal Plate LLC
2015 U.S. Dist. LEXIS 131470
E.D.N.Y2015Background
- Defendant Arcelormittal Plate LLC moves to cap Plaintiffs’ expert deposition fee for Dr. Neal Hochwald.
- Plaintiffs initially proposed a $2,500 flat fee for the deposition; Defendant argues this is exorbitant.
- Rule 26(b)(4)(C) requires a party seeking discovery to pay a reasonable fee for time spent by an expert.
- Court considers eight factors for reasonableness, none of which are talismanic.
- Court finds a flat $2,500 fee is unreasonable and adopts an hourly rate instead.
- Court sets Dr. Hochwald’s deposition fee at $475 per hour with payment due in 14 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of flat fee for deposition | Plaintiffs contend $2,500 reasonable due to reduced rate | Defendant argues flat fee is excessive | Flat fee unreasonable; adopt hourly approach |
| Appropriate hourly rate for Hochwald | Not explicitly provided; burden on plaintiffs to justify fee | Argues $400/hour reasonable | Court approves $475/hour as reasonable |
| Application of reasonableness factors | Plaintiffs failed to address factors; no case law support | Factors guide reasonableness determination | Flat fee rejected; factors used to justify hourly rate |
| Deposition logistics impact on fee | Not sufficient evidence of travel/prep time | Deposition lasted 25 minutes with limited prep | No travel or prep costs; supports reduced hourly assessment |
| Compliance with authority and precedent | N/A | Relies on district precedent supporting hourly rates | Hourly rate set consistent with district practice |
Key Cases Cited
- Magee v. The Paul Revere Life Ins. Co., 172 F.R.D. 627 (E.D.N.Y.1997) (guide factors for reasonable expert fees)
- Mathis v. NYNEX, 165 F.R.D. 23 (E.D.N.Y.1996) (eight factors for reasonableness)
- Broushet v. Target Corp., 274 F.R.D. 432 (E.D.N.Y.2011) ($400 per hour reasonable for orthopaedic expert)