UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LISA MELTON,

Plaintiff(s),

against CIVIL ACTION NO.: 19 Civ.03247 (VSB) (SLC)

ORDER ALFONSO SOLLAMI,

Defendant(s).

SARAH L. CAVE, United States Magistrate Judge.

A Telephone Conference was held today, January 21, 2020, regarding the matters raised in the parties’ joint Letter-Motion for a conference or to fully brief the parties’ discovery issues (ECF No. 27). At the deposition scheduled for tomorrow, Wednesday, January 22, 2020, Plaintiff’s treating physician, Dr. Louis Rose shall testify solely as a treating physician, and accordingly, may “testify to [his] medical opinions about the Plaintiff’s injuries and the cause of those injuries so long as [he does] not rely on information outside of the examination, diagnosis, and treatment of the Plaintiff.” Shepler v. Metro-N. Commuter R.R., No. 13 Civ. 7192 (RWS),

, at *2 (S.D.N.Y. Apr. 15, 2016). Plaintiff’s request to treat her fact witness, Dr. Rose, as an expert witness at this late stage of discovery, is DENIED. As a treating physician, Dr. Rose’s compensation for his deposition is “limited to the compensation scheme set forth in

,” that is, $40.00 plus mileage. DeRienzo v. Metro. Transit Auth. & Metro-N. R.R., 01 Civ. 8138 (CBM),

, at *1–2 (S.D.N.Y. Jan. 15, 2004). The Clerk of Court is respectfully directed to close ECF No. 27.

Dated: New York, New York January 21, 2020 SO ORDERED

GaRA HL. CAVE/ nited States Magistrate Judge