B&B Hardware Inc v. Fastenal Company

Filing 89

LETTER ORDER re appointment of special master. The parties are directed to respond to this letter by 3:00 p.m., Wednesday, June 22, 2011. Signed by Judge Billy Roy Wilson on 6/21/11. (kpr)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE
600 W. CAPITOL, ROOM A403
LITTLE ROCK, ARKANSAS 72201
[phone]
Facsimile [phone]

June 21, 2011

Mr. Gordon S. Rather, Jr.
Ms. Michelle Kaemmerling
Wright, Lindsey & Jennings
200 West Capitol Avenue
Suite 2300
Little Rock, AR 72201-3699

Ms. Karen Freeman
Mr. Marshall Ney
Mitchell, Williams, Selig, Gates
& Woodyard, PLLC
5414 Pinnacle Point Drive, Suite 500
Rogers, AR 72758

Mr. Barry Clifford Snyder
Mr. Sean Burnett
Snyder Law, LLP
420 South Fairview Avenue
Suite 102
Santa Barbara, CA 93117
Re:

B&B Hardware Inc. v. Fastenal Company, No. 4:10CV00317-BRW

Dear Counsel:
In view of the highly unusual, intense, rather complex pre-trial disputes that continue to arise, I am
strongly inclined to appoint a special master under Federal Rule of Civil Procedure 53.
I have contacted Mr. John Everett of Fayetteville and asked if he would be willing to serve as special
master in this matter, assuming he has no conflict. He has replied in the affirmative, and assuming
no conflict, I will be inclined to appoint him. We did not discuss the parties or facts, so he does not
know whether there might be a conflict.
I would be happy to take suggested names from you, if you care to suggest anyone.
I would like to hear from you regarding the points set forth in Fed. R. Civ. P. 53, together with your
objections, if any.
I will require each party to put up front-end money in a special master trust account so he can bill
against this each month and “fill the pot” again after each billing.

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The expenses and fees will be shared on a 50/50 basis, although this will be subject to change
depending on what the special master recommends and I find.
Please respond to this letter by 3:00 p.m. tomorrow, Wednesday, June 22, 2011.

Cordially,
/s/ B.R. Wilson

Original to the Clerk of the Court

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