Fleming v. United States

OPINION AND ORDER

JONES, District Judge.

The plaintiffs have filed a Motion for Payment of Expert Witness Fees, to be paid by the defendant, pursuant to Federal Rule of Civil Procedure 26(b)(4)(C). For the reasons set forth below, I will grant in part and deny in part the plaintiffs’ motion.

I

On September 7, 2000, the plaintiffs’ expert witness, Samuel S. Johnson, a mining engineer, was deposed by defense counsel. By agreement of counsel, Johnson’s deposition took place at the law offices of plaintiffs’ counsel in Roanoke, Virginia. Consequently, Johnson traveled from his office in Lexington,…