Trial Testimony. Upon reasonable notice, the DENSO Defendants shall make reasonable efforts to provide, for trial testimony, if necessary, up to eight (8) persons from among the persons who have been interviewed or deposed pursuant to Paragraphs 7(b) and (c) of this Appendix A, or otherwise deposed in the MDL Proceeding, as referenced in Paragraph 7 of this Appendix A, whom the parties reasonably and in good faith believe possess knowledge of facts or information that would reasonably assist the Direct Purchaser Plaintiff(s) in the prosecution of the claims for the Preliminarily Approved Collective Released Parts in the MDL Proceeding, provided, however, that the DENSO Defendants shall not be obligated to make available more than five (5) persons for trial testimony in any individual Action. The DENSO Defendants shall not be required to make any individual available to testify more than once in any case. Nothing in this provision shall prevent the DENSO Defendants from objecting to the reasonableness of the identity and number of persons selected by Settlement Class Counsel and settlement class counsel for the End Payor Plaintiffs and Automobile Dealership Plaintiffs (to the extent the End Payor Plaintiffs and Automobile Dealership Plaintiffs remain in the Collective Actions in which the Preliminary Approval Motions have been granted) to appear for interviews, for depositions, or as trial witnesses.
Trial Testimony. Upon reasonable notice, HIAMS shall make reasonable efforts to provide, for trial testimony, if necessary, up to eight (8) persons from among the persons who have been interviewed or deposed pursuant to Paragraph 8(b) and (c) of this Appendix A, or otherwise deposed in the MDL Litigation, as referenced in Paragraph 7 of this Appendix A, whom the parties reasonably and in good faith believe possess knowledge of facts or information that would reasonably assist Direct Purchaser Plaintiff in the prosecution of the claims for the Preliminarily Approved Collective Released Parts in the MDL Litigation. HIAMS shall not be required to make any individual available to testify more than once in any case. Direct Purchaser Plaintiff shall reimburse HIAMS for such witness’s economy class fares and $450 per day for lodging and expenses. The maximum reimbursement to HIAMS for any witness shall be $2,250. In no event shall Direct Purchaser Plaintiff be responsible for reimbursing such person for time or services rendered. Nothing in this provision shall prevent HIAMS from objecting to the reasonableness of the identity and number of persons selected by Settlement Class Counsel and settlement class counsel for the End Payor Plaintiffs and Automobile Dealership Plaintiffs (to the extent the End Payor Plaintiffs and Automobile Dealership Plaintiffs remain in the Collective Actions) to appear for interviews, for depositions, or as trial witnesses.
Trial Testimony. Upon the request of Class Counsel and at NFC’s expense, NFC shall make available from among its current or former directors, officers or employees up to two representatives who Class Counsel believe in good faith to have knowledge regarding Plaintiffs’ claims as alleged in the Action to testify at trial regarding facts or issues at issue in this Action.
Trial Testimony. Upon the request of Class Counsel, Midwest Poultry shall make available from among its current or former directors, officers or employees a representative who Class Counsel believe in good faith to have knowledge regarding Plaintiffs’ claims as alleged in the Action to testify at trial regarding facts or issues at issue in this Action. Midwest Poultry shall use its best efforts to assist Class Counsel in securing the testimony of any former employee of Midwest Poultry whom Midwest Xxxxxxx does not control but whom may be selected by Class Counsel for trial testimony. In the event that Midwest Poultry cannot secure the trial testimony of one or more such former employees selected by Class Counsel, Midwest Poultry shall make available a current director, officer or employees selected by Class Counsel to testify at trial.
Trial Testimony. Upon the request of Class Counsel and at NuCal’s expense, NuCal shall make available from among its current directors, officers or employees up to two representatives who Class Counsel believe in good faith to have knowledge regarding Plaintiffs’ claims as alleged in the Action to testify at trial regarding facts or issues at issue in this Action. NuCal shall use best efforts to assist Class Counsel in arranging testimony from former directors, officers, and employees of NuCal. Any testimony of such former directors, officers, and employees of NuCal shall count against the cap of two testifying witnesses.
Trial Testimony. In the event that a case is not settled and proceeds to the stage of trial, my fee for expert witness testimony is $6,000 plus whatever travel and per diem expenses are associated with my court appearance. I will provide your firm with a detailed written invoice reflecting this sum. The full invoice amount must be received prior to my departure for trial. In the unlikely event that conditions at a trial necessitate my presence for additional days, there will be a flat fee of $2,400 for each day (or any portion thereof). This sum will be due and payable at the time my appearance. Trial Cancellation Policy I normally begin my preparation for trial testimony one week prior to my scheduled appearance. In the event a case is settled or continued during that period of the time I charge a flat cancellation fee of $2,500. (This covers any preparation work I may have done, as well as any related expenses such as airfare penalties).
