Case Details

CourtEastern District of New York
Docket number1:12-cv-03233-ENV-RML
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Case cause28:1441 Notice of Removal
Nature of suitP.I.: Other
Jury demand
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Jurisdiction

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152013-09-20 MEMORANDUM AND ORDER: Plaintiff Luis Ortiz moves pursuant to FED. R. CIV. P. 26(b)(4)(E) for an order directing defendant Aircraft Service International Group to pay plaintiff's orthopedic surgeon and designated expert, Dr. Howard Baum, a fee of $6000 for his appearance at a deposition on June 25, 2013. Dr. Baum testified for less than three hours, from 10:08 a.m. to 12:42 p.m. Defendant agrees that it must pay Dr. Baum a reasonable fee for his time, but objects to the proposed fee as excessive and instead suggests a rate of $350 per hour. In similar cases in this district, expert orthopedic surgeons consistently have been awarded $400 per hour. See Broushet v. Target Corp., 274 F.R.D. 432, 434 (E.D.N.Y. 2011) (awarding $400 per hour to orthopedic surgeon for time spent preparing for and testifying at deposition); Casiano v. Target Stores, No. 06 CV 6286, 2008 WL 3930558, at *2 (E.D.N.Y. Aug. 21, 2008) (finding a rate of $400 per hour more than reasonable for orthopedic surgeon); Kreyn v. Gateway Target, No. 05 CV 3175, 2008 WL 2946061, at *2 (E.D.N.Y. July 31, 2008) (finding expert fee of $400 per hour reasonable for orthopedist who was the plaintiffs treating physician). See also Reit v. Post Props., Inc., No. 09 CV 5455, 2010 WL 4537044, at *6 (S.D.N.Y. Nov. 4, 2010) (reducing deposition hourly rate for orthopedist from $550 to $250). In light of this case law, and the supporting documentation, I find that $400 per hour is a reasonable fee and that Dr. Baum should be compensated accordingly. Ordered by Magistrate Judge Robert M. Levy on 9/19/2013. See attached M&O for details. (Marino, Janine)