Eap v. United States of America et al

Filing 195

ORDER appointing special master. Signed by Judge Illston on 3/27/09. (ts, COURT STAFF) (Filed on 3/31/2009)

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Case 3:07-cv-03600-SI Document 194 Filed 03/27/2009 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 JOSEPH P. RUSSONIELLO (SC SBN 44332) United States Attorney JOANN SWANSON (SBN 88143) Chief, Civil Division JAMES A. SCHARF (SBN 152171) Assistant United States Attorney NEILL TSENG (SBN 220348) Assistant United States Attorney CHAD KAUFFMAN Special Assistant United States Attorney 1 5 0 A lm a d e n B lv d . S u ite 900 S a n Jose, CA 95113 ( 4 0 8 ) 535-5044 11 Attorneys for Defendant USA 12 13 14 15 16 SUSAN WYCKOFF, et al, 17 and CHARLIE EAP, 18 19 20 v. Plaintiffs, SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Nos. C 07 3600 SI and C 07 2301 SI [PROPOSED] ORDER APPOINTING SPECIAL MASTER 21 UNITED STATES OF AMERICA and DANIEL EARL SPERL, 22 Defendants. 23 24 25 26 On March 10, 2007, the Wyckoff plaintiffs filed an administrative motion for modification 27 of case management order. In that motion, plaintiffs requested, among other things, that a 28 "briefing and hearing schedule shall be set for Plaintiffs' Motion for Appointment of Special Case 3:07-cv-03600-SI Document 194 Filed 03/27/2009 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 Master for Discovery." As grounds therefore, plaintiffs asserted in their motion: "The importance of the ESI [electronically stored information] evidence on the central issues in the case, the complexity of the disputed ESI discovery issues, the level of resistance and course of litigation of the ESI issues by the government, and the resources the discovery proceedings are taking from the Court all justify consideration of a special discovery master going forward." The government opposed plaintiffs' administration motion. Plaintiffs' administrative motion was discussed during a telephone conference, which occurred on March 17, 2009, in which all parties, through their attorneys of record, participated. 11 During that telephone conference, the Court indicated that it would appoint a Special Master to 12 handle discovery disputes, and directed the parties to meet and confer regarding candidates for 13 14 15 16 Read Ambler (Ret.) of JAMS. Pursuant to F.R.C.P. 53(a)(1)(C), the Court hereby appoints the Hon. Read Ambler (Ret.) appointment. On March 19, 2009, the parties advised the Court that they had selected the Hon. 17 as Special Master to handle all discovery disputes, except as noted below, notwithstanding the 18 19 20 21 22 lack of consent by all the parties, because such disputes cannot be effectively and timely addressed by an available district judge or magistrate judge of the district. The Special Master is directed to proceed with all reasonable diligence. The Special Master is directed to handle all pending and future discovery disputes, except 23 for (1) the March 31, 2009, telephone conference with Magistrate Judge Zimmerman concerning 24 25 26 27 28 [PROPOSED] ORDER APPOINTING SPECIAL MASTER Case Nos. C 07-2301 SI and C 07-3600 SI 2 plaintiffs' request that the government produce the results of the computer backup tape project in Case 3:07-cv-03600-SI Document 194 Filed 03/27/2009 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 native file format; and (2) plaintiffs' anticipated motion for sanctions based on alleged spoliation of evidence. The Special Master may communicate ex parte with the Court but not with the parties, unless the parties so stipulate. All parties will e-file all filings and materials submitted to the Special Master, and the Special Master will e-file all orders, findings, and recommendations that he may issue. Consistent with the case management dates set forth in the Court's Second Pretrial Order attached hereto, the Special Master will establish the procedures for adjudication of the discovery 11 disputes tendered to him. 12 13 14 15 16 Defendant Sperl (25%); and Defendant USA (25%). Unless the parties stipulate otherwise, the parties and the Special Master will comply with Unless otherwise directed by the Special Master and approved by the Court, compensation for the Special Master will be allocated as follows: Wyckoff plaintiffs (25%); Eap Plaintiff (25%); 17 all other requirements of Rule 53. 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPOINTING SPECIAL MASTER Case Nos. C 07-2301 SI and C 07-3600 SI 3 Approved as to form: ________________/S/_________________ Jonathan Gertler Counsel for Wyckoff Plaintiffs ________________/S/_________________ Andy Davis Counsel for Eap Plaintiff Good cause appearing, it is so ordered. Dated: ___________ ___________________________________ Hon. Susan Illston United States District Judge Case 3:07-cv-03600-SI Document 194 Filed 03/27/2009 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _________________/S/_______________ Kristina Velarde Counsel for Defendant Sperl __________________/S/______________ James A. Scharf Counsel for Defendant USA __________________/S/______________ Hon. Read Ambler (Ret.) [PROPOSED] ORDER APPOINTING SPECIAL MASTER Case Nos. C 07-2301 SI and C 07-3600 SI 4

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