Scott Miller v. Kshama Sawant

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SCOTT MILLER, an individual; No. 23-35197 MICHAEL SPAULDING, an individual, D.C. No. 2:18-cv- 00506-MJP Plaintiffs-Appellants,

v. OPINION

KSHAMA SAWANT, an individual,

Defendant-Appellee,

and

CITY OF SEATTLE, a municipal corporation,

Defendant.

Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding

Argued and Submitted May 6, 2024 Seattle, Washington

Filed August 22, 2024 Before: William A. Fletcher, Carlos T. Bea, and John B. Owens, Circuit Judges.

Opinion by Judge Bea

SUMMARY *

Expert Witness Deposition Expenses

The panel affirmed the district court’s grant of defendant Kshama Sawant’s motion for recovery of expert witness deposition expenses, including fees for time spent in preparation for deposition, in a 42 U.S.C. § 1983 action brought by two Seattle police officers alleging state law claims for defamation and outrage. The panel held that the district court did not err when it granted Sawant’s motion for recovery of expert witness…