A.J. v. Weber

Background

Defendant Bruce Weber asked the court to determine whether he had to pay the plaintiffs’ treating physicians or therapists more than the statutory witness-fee amount for their depositions. Those treating professionals were not named as expert witnesses. The plaintiffs did not respond to Weber’s request, and Weber stated that they did not intend to do so.

Legal question

The issue was whether treating physicians who were not designated as expert witnesses could receive fees higher than the amount provided by 18 U.S.C. § 1821. The court noted that this question was unsettled in the Southern District of New York. One cited decision held that a physician appearing as a fact witness was limited to the statutory rate, while another allowed a physician witness to receive a reasonable fee.

Court’s reasoning

The court followed the approach limiting non-expert physician witnesses to the statutory amount. It emphasized that the motion was unopposed and that the plaintiffs had not argued that the physicians or therapists would testify about anything beyond facts concerning the plaintiffs’ treatment. On that record, the witnesses were treated as fact witnesses rather than expert witnesses.

Ruling

Judge Sarah Netburn granted Weber’s motion. The court held that the plaintiffs’ treating physicians and therapists, if not named as expert witnesses, were not entitled to compensation for their depositions beyond the amount provided by 18 U.S.C. § 1821. The Clerk of Court was asked to terminate the motion at ECF No. 112.

Effect

The order limits the deposition fees that Bruce Weber must pay for the plaintiffs’ treating physicians and therapists when those witnesses are not designated as experts. It does not address any other issue in the underlying case.