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Moore v. SOM

3/31/2005

>
$175.00
$30.00
$150.00
$35.00
$370.40



Plaintiff has also requested an additional court fee, which was submitted on February 14, 2005 after the motion had been filed. The Court finds this additional cost of $225.00 is also appropriate and it will be awarded.


The real dispute here centers around the two experts presented by the plaintiff in this case. Dr. Bodenstab's deposition was read to the jury and lasted approximately an hour and a half. Consistent with the guidelines established in Warrington v. Peterson , the Court will grant a fee of $1,250.00.


The requested fee for Dr. Wolfe is more complex. First, he is not a medical doctor so the fees, set forth in Warrington, do not apply to his expertise. Secondly, the plaintiff has failed to submit any documentation to support the $3,000.00 requested to compensate Dr. Wolfe. As such, it is unclear whether this fee includes the costs associated with preparing the litigation report; the time necessary to prepare his testimony or is limited to his in court testimony. Simply put, if the plaintiff wants the costs relating to this expert ordered, he has an obligation to give the Court at least some information from which it can make a reasonable decision. The Court will give the plaintiff 30 days to submit an itemized billing for Dr. Wolfe's $3,000.00 fee. If nothing is provided to the Court within that time frame, the costs will be disallowed.


In summary, the following is awarded:


$175.00
$330.00
$150.00
$35.00
$370.40
$225.00
$1250.00
______
$2535.40



IT IS SO ORDERED






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