Best Buy Co., Inc. et al v. Hitachi Ltd. et al

Filing 6

ORDER APPOINTING SPECIAL MASTER. Signed by Judge Samuel Conti on 6/16/08. (tdm, COURT STAFF) (Filed on 12/8/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 In Re: Cathode Ray Tube (CRT) Antitrust Litigation ) ) ) ___________________________________) ) CRAGO, Inc., ) ) Plaintiff, ) ) ) v. ) CHUNGHWA PICTURE TUBES, LTD., et ) al., ) ) Defendants. ) ) ) No. 07-5944 SC MDL No. 1917 ORDER APPOINTING SPECIAL MASTER 18 19 20 I. SCOPE OF ORDER 1. Order Applicable to All Cases in MDL Proceedings. This 21 Order shall apply to all cases currently pending in MDL No. 1917 22 and to all related actions that have been or will be originally 23 filed in, transferred to, or removed to this Court and assigned 24 thereto (collectively, “the MDL proceedings”). 25 binding on all parties and their counsel in all cases currently 26 pending or subsequently made part of these proceedings and shall 27 govern each case in the proceedings unless it explicitly states 28 that it relates to specific cases. This Order is 2. 1 Appointment of Special Master. Pursuant to Federal Rule 2 of Civil Procedure 53 and the hearings held on April 4 and May 9, 3 and with the consent of the parties, the Court hereby appoints the 4 Honorable Charles A. Legge, United States District Court Judge 5 (Retired), as a Special Master to assist the Court in this 6 litigation (hereinafter “Judge Legge” or “Special Master”). 7 8 9 II. BASIS FOR APPOINTMENT UNDER RULE 53(A) AND 53(B)(1) 3. Basis for Appointment. The Special Master is hereby United States District Court For the Northern District of California 10 appointed pursuant to Rule 53(a)(1) to perform duties consented to 11 by the parties (Rule 53(a)(1)(A)), to make findings of fact on 12 issues to be decided by the Court because appointment is warranted 13 by an exceptional condition (namely, the volume of cases pending 14 in these proceedings) (Rule 53(a)(1)(B)(i)), and to address 15 pretrial and post-trial matters that cannot be addressed 16 effectively and timely by an available district judge or 17 magistrate judge of the district (Rule 53(a)(1)(C)). 18 4. No Grounds for Disqualification. Pursuant to Rule 19 53(a)(2) and 53(b)(3), the Special Master has filed an affidavit 20 with this Court that states that he has no relationship to the 21 parties, counsel, action, or Court that would require 22 disqualification of a judge under 28 U.S.C. § 455. 23 course of these proceedings, the Special Master and the parties 24 shall notify this Court immediately if they become aware of any 25 potential grounds that would require disqualification. 26 27 28 5. Fairness Considerations. During the Pursuant to Rule 53(a)(3), the Court has considered the fairness of imposing the likely expenses 2 1 of the Special Master on the parties. 2 appointment and use of the Special Master will materially advance 3 the litigation, thereby achieving considerable cost-saving to all 4 parties. 5 consented to the Special Master’s appointment and have agreed to 6 arrange the Special Master's compensation, as discussed in 7 paragraph 13 herein. 8 expenses and delay through regular communication with the Special 9 Master and Liaison Counsel. United States District Court For the Northern District of California 10 6. The Court believes that the Moreover, the Court notes that the parties have The Court will protect against unreasonable Proper Notice Given to All Parties. Pursuant to Rule 11 53(b)(1) and the hearings held on April 4 and May 9, the Court 12 gave all parties to the MDL proceedings notice of its intent to 13 appoint the Special Master and an opportunity to be heard with 14 respect to such appointment before issuing this Order. 15 16 17 III. SPECIAL MASTER’S DUTIES, AUTHORITY, AND COMPENSATION 7. Diligence. Pursuant to Rule 53(b)(2), the Court hereby 18 directs the Special Master to proceed with all reasonable 19 diligence in performing his duties in the MDL proceedings. 20 8. Scope of Special Master’s Duties. Pursuant to Rule 21 53(b)(2)(A), the Special Master shall assist the Court with 22 matters such as case management, trial selection and case 23 resolution procedures, scheduling orders, specially-assigned 24 discovery motions and disputes, facilitation of inter- 25 jurisdictional coordination, and other matters in which the Court 26 wishes to utilize his services. 27 28 9. Scope of Special Master’s Authority. 3 The Special Master 1 shall have the authority provided in Rule 53(c) and 53(d). 10. 2 Procedure for Motions Submitted to Special Master. The 3 procedural requirements contained in this Court’s Pretrial Orders 4 shall govern any motion practice before the Special Master. 5 11. Ex Parte Communications. Pursuant to Rule 53(b)(2)(B), 6 the Special Master may communicate ex parte with the Court at any 7 time. 8 party absent consent of Liaison Counsel without first providing 9 notice and an opportunity to be heard to the opposing Liaison The Special Master shall not communicate ex parte with any United States District Court For the Northern District of California 10 Counsel. 11 12. Preservation of Materials and Preparation of Record. 12 Pursuant to Rule 53(b)(2)(C), the Special Master shall maintain 13 orderly files consisting of all documents submitted to him by the 14 parties and any of his written orders, findings, and/or 15 recommendations. 16 file any written orders, findings, and/or recommendations with the 17 Court via the Court’s Electronic Case Filing (“ECF”), as described 18 in the Court's Pretrial Order No. 1. 19 the Special Master’s duty to serve his order on the parties. 20 records of the Special Master’s activities other than his written 21 orders, findings, and/or recommendations shall be filed in 22 accordance with paragraph 17 herein. 23 13. Pursuant to Rule 53(e), the Special Master shall Compensation. Such filing shall fulfill Any Pursuant to Rule 53(b)(2)(E) and 53(g), 24 the parties shall mutually determine the hourly rate of the 25 Special Master for his service in this MDL. 26 notify the Court of this rate so that the Court may incorporate it 27 in its orders. 28 The parties shall The Special Master shall not charge for travel 4 1 time. 2 services, which he shall provide to Plaintiffs' Liaison Counsel 3 and Defendants' Liaison Counsel. 4 Defendants’ Liaison Counsel shall each be responsible for paying 5 half of the Special Master’s invoice; such invoices shall be paid 6 promptly. 7 Judge Legge shall prepare a monthly invoice for his 14. Plaintiffs’ Liaison Counsel and Special Master’s Reports to Court. Pursuant to Rule 8 53(f), the Special Master shall report to the Court as directed by 9 the Court. United States District Court For the Northern District of California 10 11 12 IV. ACTION ON SPECIAL MASTER’S ORDERS, REPORTS, OR RECOMMENDATIONS 15. Scope of Section. Pursuant to Rule 53(b)(2)(D) and 13 53(g), the procedures described in paragraphs 16 through 19 herein 14 shall govern any action on the Special Master’s orders, reports, 15 and/or recommendations. 16 16. Time Limits for Review. Any party wishing to file 17 objections to or a motion to adopt or modify the Special Master’s 18 orders, reports, and/or recommendations must file such objections 19 or motion with the Court within fourteen (14) days from the day 20 the Special Master filed the order, report, and/or recommendation 21 via ECF. 22 effect pending any such objection or motion. 23 17. Any order issued by the Special Master shall remain in Filing the Record for Review. The party filing the 24 objection or motion shall submit with such objection or motion any 25 record necessary for the Court to review the Special Master’s 26 order, report, and/or recommendation, including any transcripts of 27 proceedings before the Special Master and any documents submitted 28 5 1 by the parties in connection with the Special Master’s order, 2 report, and/or recommendation. 3 shall constitute grounds for the Court to overrule the objection 4 or deny the motion. 5 18. Failure to provide the record Standard for Court’s Review. Pursuant to the parties’ 6 stipulation, the Court shall review findings of fact made or 7 recommended by the Special Master for clear error. 8 shall review de novo any conclusions of law made or recommended by 9 the Special Master. United States District Court For the Northern District of California 10 11 The Court The Court will set aside the Special Master’s ruling on a procedural matter only for an abuse of discretion. 19. Court’s Actions on Master’s Orders. Pursuant to Rule 12 53(g)(1), in acting on an order, report, or recommendation of the 13 Special Master, the Court shall afford each party an opportunity 14 to be heard and, in its discretion, may receive evidence, and may 15 adopt or affirm; modify; wholly or partly reject or reverse; 16 resubmit to the Special Master with instructions; or make any 17 further orders it deems appropriate. 18 19 20 IT IS SO ORDERED. 21 22 Dated: June 16, 2008 23 24 UNITED STATES DISTRICT JUDGE 25 26 27 28 6

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