UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 7, 2009
SUSAN LYNN ADAMS, ROBERT SKIPTON BARRINGTON, SR. PLAINTIFFS,
DEPUTY MICHAEL NOCON, DEPUTY DAVID BRUEGAL, DEPUTY SETO, DEPUTY DAVIS DEFENDANTS.
The opinion of the court was delivered by: Edmund F. Brennan United States Magistrate Judge
Time: 10:00 a.m.
ORDER ON MOTION TO COMPEL DEPOSITIONS OF DRS. HOFF, HINES, AND MONTGOMERY
DefendantsTM Motion to Compel the Depositions of Drs. Hoff, Hines, and Montgomery without paying an expert witness fee and (as to Dr. Hines) at the location of defendantsTM counselTMs office in Stockton, California, came on regularly for hearing on January 7, 2009 at 10:00 am in Courtroom 25 of the above-entitled court, Honorable Edmund F. Brennan, United States Magistrate Judge, presiding.
The court has reviewed the papers submitted in support of, and in opposition to, the motion, and has considered the arguments of counsel given during the hearing on this motion.
GOOD CAUSE appearing therefore, the court hereby ORDERS as follows:
1. DefendantsTM Motion to Compel the Depositions of Doctors Hoff, Hines, and Montgomery without paying an expert witness fee and (as to Dr. Hines) at the location of defendantsTM counselTMs office in Stockton, California, is DENIED.
The Court finds that Dr. HoffTMs request for payment of an expert witness fee of $1000 per hour is unreasonable. Defendants shall pay Doctors Hoff, Hines, and Montgomery an expert witness fee of $500 per hour for their depositions, with each deposition not to exceed three hours.
The deposition of Dr. Hines shall occur at his office or as otherwise may be agreed on.
Dated: January ____, 2009
APRROVED AS TO FORM SUNTAG & FEUERSTEIN A Professional Corporation
Date: January 7, 2009
Dana A. Suntag, Esq. Attorney for Defendants Michael Nocon, David Bruegel, John Davis and Kahekili Seto
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