Hyman v. Fabbri

KJ ) KHAN JOHNSON

Via ECF

Hon. Sarah L. Cave

United States Magistrate Judge

United States District Court-SDNY

500 Pearl Street, Courtroom 18A

New York, NY 10007

Re: | Sydney Hyman v. Andrew Fabbri and Jessica Cohen Case No. 19-civ. 10506 (AT)

Briefing Schedule, Motion to Set Reasonable Expert Witness Deposition Fee December 14, 2021

Dear Honorable Judge Cave:

We represent the Defendants, Andrew Fabbri (“Fabbri”) and Jessica Cohen (“Cohen”)(‘the Defendants”), in the above-referenced matter. We write to request that the Court set a briefing schedule to determine a Reasonable Expert Witness Deposition Fee for the Plaintiff's Patent Attorney Expert, D.J. Healey (“Healey”). Plaintiffs Counsel has advised that this expert is entitled to $1175 per hour for deposition. While this expert is a patent attorney, the undersigned’s research on average hourly rate for such professionals in the City of New York in 2021 is nowhere near this amount. Furthermore, the Defendants believe that this rate is patently unreasonable.

Please note that the undersigned has attempted to negotiate this issue in good faith with Plaintiff's Counsel, who has stood firm on this hourly rate. Therefore, it is necessary for the Court to set the reasonable fee.

Healey’s deposition is scheduled to occur on January 25, 2021.

Very Truly Yours, /s/ Murad Michael Khan

Murad Michael Khan, Esq.

Khan Johnson LLC

413 W 14" Street

2™ Floor

Khan Johnson LLC

413 W 14" Streete 2™ Floor e New York, NY 10014 Phone 202-810-2399 @ Fax 202-478-2399 [email protected] e khanjohnson.com KJ ) KHAN JOHNSON

New York, NY 10014

202-810-2399 mkhan @khanjohnson.com

Attorneys for the Defendants

Defendant's request (ECF No. 122) for the Court to determine the reasonableness of the fee of Plaintiff's expert D.J. Healey, whose deposition has not yet taken place, is DENIED WITHOUT PREJUDICE. "[I]t is well-settled that parties seeking court intervention to determine a reasonable fee for an expert deposition should do so after the deposition, not before it has taken place." Ajasin v. Ortiz, No. 19 Civ. 6814 (RA) (JLC), 2021 WL 1437551, at *1 (S.D.N.Y. Apr. 16, 2021). Defendant may renew his request, if necessary, after Mr. Healey's deposition.

The Clerk of Court is respectfully directed to close ECF No. 122.

SO ORDERED 12/15/2021 yy j /)

WaT (jana L. CAYE nited States Magistrate Judge

Khan Johng>n LLC

413 W 14" Streete 2™ Floor e New York, NY 10014 Phone 202-810-2399 @ Fax 202-478-2399 [email protected] e khanjohnson.com