RIM Not Required To Pay for CPA's Hourly Rate to Collect Documents and Sit for a Deposition in Response to a Subpoena
Jack Lengemann and Lengemann & Associates, P.C. (“Lengemann”) filed a motion to quash document and deposition subpoenas served by RIM. The dispute centered on what compensation Lengemann believed it was entitled to for complying with the subpoenas. RIM agreed to pay for copying costs, deferment of the deposition until after tax season at a nearby deposition location, and compensation as permitted by Commission Rules and ITC precedent. Lengemann, however, wanted compensation at his CPA rate and compensation for the use of Lengemann’s office equipment. APJ Essex held that Lengemann was not entitled to hourly compensation for a CPA to review responsive documents and sit for a deposition because Mr. Lengemann is a fact witness and is not being deposed on the basis of his expertise. Lengemann offered no legal support for the contention that it should be compensated for office equipment use, and therefore, the request was denied. (PDF)
