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Motor Vehicle | New York Eastern
Order(Other)
ORDER: The parties report 46 a dispute regarding which party should bear the costs to record the testimony of one of Plaintiff's experts prior to trial, as well as the witness's expert fee related to the appearance. This issue was previously raised at the conference before Magistrate Judge Eichenholtz on 6/5/2026. Plaintiff's expert is unavailable for trial because Defendant requested that the Court reschedule the trial date to accommodate counsel's schedule. Because the change necessitating preserving testimony ahead of trial was caused by Defendant, the parties agree that Defendant should bear the costs associated with the court reporter and videographer necessary to do so.
The parties disagree as to whether Defendant should also be responsible for Plaintiff's expert's appearance fee. The need to pay the expert witness's fee for a trial appearance was not created by the scheduling change. Rather, it is Plaintiff's obligation to pay the witness fee regardless of whether the witness appears live or by video. Therefore, the Court finds that Plaintiff should be responsible for the expert witness fee associated with the expert's trial appearance, as Plaintiff would be in any event.
Defendants are directed to pay the costs associated with testimony preservation, and Plaintiff is directed to pay the expert witness fee in connection with Plaintiff's expert's appearance when the video testimony is taken. So Ordered by Magistrate Judge Seth D. Eichenholtz on 6/15/2026. (DC)
Status Report
STATUS REPORT Joint by Dalion Express, LLC, Naquan Owens, Penske Truck Leasing (Ibrahim, Nadine)
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