UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALEXANDRIA FERNANDES,

Plaintiff,

-v- CIVIL ACTION NO.: 23 Civ. 3078 (SLC)

GARY A. HERJO, ORDER

Defendant. SARAH L. CAVE, United States Magistrate Judge. Before the Court is Defendant’s March 22, 2024 letter concerning his anticipated deposition of “plaintiff’s surgeon, Dr. Krosser” (the “Deposition”). (ECF No. 40). Defendant states that he was “contacted by Dr. Krosser’s attorney who [] advised earlier this week that Dr. Krosser wants $5,000 to appear for” the Deposition, which will take place remotely. (Id.) Defendant “believe[s] that that fee is excessive for what should be a 60-to-90-minute deposition[,]” and requests “that the court set a reasonable fee for Dr. Krosser’s [D]eposition pursuant to FRCP 26(b)(4).” (Id. (the “Request”)). The Request is DENIED WITHOUT PREJUDICE to renewal, if appropriate, following completion of the Deposition. See Ajasin v. Ortiz, No. 19 Civ. 6814 (RA) (JLC),

, at *1 (S.D.N.Y. Apr. 16, 2021) (“[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.” (emphasis added)); Conte v. Newsday, Inc., No. 06 Civ. 4859 (JFB) (ETB),

, at *2 (E.D.N.Y. Aug. 10, 2011) (“The rule and the case law makes it clear that the parties seeking court intervention to determine a reasonable fee for an expert deposition should do so retrospectively—that is, after the deposition has taken place.”); see also Johnson v. Spirit Airlines, Inc., No. 07 Civ.1874 (FB) (JO),

(E.D.N.Y. 2008) (expert witness “may not insist on advance payment, and may not set a flat fee before he knows what he will be called upon to do; he may instead charge only a reasonable hourly fee.”). After the Deposition, counsel for Defendant and Dr. Kosser shall meet and confer to agree on a reasonable fee for the Deposition. If the parties cannot agree, Defendant may renew the Request, with citations to specific authority to justify the requested fee. See Ajasin,

, at *2. Dated: New York, New York March 25, 2024 SO ORDERED.

AE (Wt GABAH L. CAVE United States Magistrate Judge