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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE 600 W. CAPITOL, ROOM A403 LITTLE ROCK, ARKANSAS 72201 (501) 604-5140 Facsimile (501) 604-5149 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. 1 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 2

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