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IN THE UNITED STATES DISTRICT COURT * 1 ,Lt-v
FOR THE NORTHERN DISTRICT OF OUQ ,,lv c r,( lo , ,
WESTERN DIVISION
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MARY A. DENDINGER, et al.,
Plaintiff(s), -vs-
CHRYSLER PLASTIC PRODUCTS CORP., et al.,
Defendant(s).
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Case NO. C 87-7117 MEMORANDUM and ORDER
WALINSKI,J.
This cause is before the Court on defendants'
motion for an order requiring plaintiffs to pay expert witness
fees incurred during discovery and plaintiffs' opposition
thereto.
For the following reasons, defendants' motion is
partially granted and partially denied.
Federal Rule of Civil Procedure 26(b)(4)
authorizes the taking of experts' depositions. Subdivision
26(b)(4)(C) specifically reads*
Unless manifest injustice would result, (1) the court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery ....
The rule was adopted in order to avoid the injustice of one
party benefiting from the other's expert witnesses without
contributing to their costs. See Moore's Federal Practice,
$26.66(5) (2d ed. 1984). Moreover, the language of the rule is
mandatory, absent a finding of manifest injustice. 10 Fed. Proc.
L.Ed $26:134.
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URL 06331
3 Shindell's, Dr. Harbison's, Dr. Chiazze's, Dr. Zenz's, or Peterson Associates'fees.
Defendants assert that plaintiffs used one of the depositions in issue in their case in chief. It would be unfair and contrary to 26(b)(4)(c) if defendants were forced to pay for plaintiffs case preparation. Therefore, with respect to that single deposition, plaintiffs are required to pay Dr. Monson's fees of $1,000.00.
It is therefore ORDERED that defendants motion is DENIED with respect to $6,966.71 of the request, and GRANTED in the amount of $1,000.00.
Toledo, Ohio June 6, 1989
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URL 06333