McColm v. Foremost Insurance Company

Filing 161

ORDER Appointing Special Master. Signed by Magistrate Judge Edward M. Chen on 5/3/2011. (emcsec, COURT STAFF) (Filed on 5/3/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PATRICIA A. McCOLM,

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Plaintiff,
ORDER APPOINTING SPECIAL
MASTER

v.

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For the Northern District of California

United States District Court

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No. C-09-4132 SI (EMC)

FOREMOST INSURANCE COMPANY,

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Defendant.
___________________________________/

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On April 28, 2011, this Court issued an order regarding Defendant’s discovery motions.

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Docket No. 157. It held in abeyance Defendant’s request to compel Plaintiff to provide dates for the

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deposition and to appoint a special master to supervise the deposition, pending Judge Illston’s ruling

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on Defendant’s motion to compel the deposition. Judge Illston has now issued an order requiring

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Plaintiff to give and complete her deposition in Weaverville no later that May 19, 2011. Docket No.

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160. Good cause appearing therefor, this Court GRANTS Defendant’s request to appoint a special

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master to supervise that deposition. Specifically, the Court orders as follows:

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1.

Larry B. Moss is hereby appointed as Special Master, pursuant to Federal Rules of

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Civil Procedure 53, for the limited purpose of supervising the deposition of Ms.

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McColm.

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2.

The following exceptional circumstances require this appointment: the conduct of

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Plaintiff at a previous deposition, as well as prior Court hearings, indicates the need

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for a discovery referee to be present at Plaintiff’s deposition, to avoid unnecessary

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termination of the deposition and costly motions.

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3.

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insure compliance with Judge Illston’s order (Docket No. 160).
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The Special Master will be present to prevent abusive or disorderly conduct and to

A reasonable fee shall be paid to the Special Master for attending the deposition and
for such other services as may be reasonably required incidental thereto.

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The Court finds that Plaintiff has established an inability to pay a pro rata share of

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fees and Defendant has agreed voluntarily to pay the entirety of the Special Master’s

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fee. Therefore, such fee shall be paid upon demand by the referee by Defendant, but

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may later be reallocated as the Court deems appropriate.

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6.

The Court reserves jurisdiction to allow the fees to the Special Master as costs of suit
to the prevailing party in this action and to make such other and further orders with

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For the Northern District of California

United States District Court

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respect to this reference as may be just and proper.

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In all other respects, the deposition shall proceed consistent with Judge Illston’s order.

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IT IS SO ORDERED.

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Dated: May 3, 2011
_________________________
EDWARD M. CHEN
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PATRICIA McCOLM,

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Plaintiff,
v.
CERTIFICATE OF SERVICE

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For the Northern District of California

United States District Court

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No. C-09-4132 SI (EMC)

FOREMOST INSURANCE COMPANY,

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Defendant.
___________________________________/

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I, the undersigned, hereby certify that I am an employee in the U.S. District Court, Northern

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District of California. On the below date, I served a true and correct copy of the attached, by placing

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said copy/copies in a postage-paid envelope addressed to the person(s) listed below, by depositing

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said envelope in the U.S. Mail; or by placing said copy/copies into an inter-office delivery receptacle

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located in the Office of the Clerk.

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Patricia A. McColm
P.O. Box 113
Lewiston, CA 96052

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Dated: May 3, 2011

RICHARD W. WIEKING, CLERK

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By:

/s/ Leni Doyle
Leni Doyle
Deputy Clerk