T.T. v. Marin County Mental Health Youth and Family Services

Filing 86

ORDER REGARDING SELECTION OF SPECIAL MASTER TO DETERMINE ATTORNEYS FEES re 85 Notice (Other) filed by County of Marin, 84 Notice (Other) filed by T.T. (Attachments: # 1 Exhibit Kristina Paszek, # 2 Exhibit Marc Bernstein, # 3 Exhibit Matthew Borden, # 4 Exhibit Scott Andrews)(whalc1, COURT STAFF) (Filed on 3/11/2013)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

11
For the Northern District of California

United States District Court

10

T.T., a minor, by and through his guardian
ad litem SUSAN T.,
Plaintiff,

12
13
14
15

No. C 12-02349 WHA

ORDER REGARDING
SELECTION OF SPECIAL
MASTER TO DETERMINE
ATTORNEY’S FEES

v.
COUNTY OF MARIN,
Defendant.
/

16
17

The declarations filed by the parties (Dkt. Nos. 84–85) show they have been unable to

18

reach agreement on a special master on their own. Appended to this order are the resumes of

19

four potential masters. The parties are encouraged to select a mutually agreeable special master

20

from the options provided by MARCH 14 AT NOON. If the parties are unable to reach agreement

21

due to objections to these candidates, the Court will select the special master. The objecting

22

party should file a declaration stating the basis for the objection. These are NOT peremptory

23

challenges — there must be good cause for any objection.

24

As for the objection by plaintiffs to the cost of the special master, this objection is

25

overruled for two reasons. First, Rules 53 and 54 specifically provide that the special master

26

may determine the value of services for purposes of attorney’s fee awards and that the special

27

master will be compensated. Second, all of the candidates have agreed to a greatly reduced

28

hourly rate of $250/hour as a service to the Court. The parties are reminded that the Court will
allocate the fees of the special master in a fair and reasonable manner, taking into account the

1

reasonableness of the parties’ respective positions and the special master’s recommendation in

2

this regard. If the movant must pay, then the special master’s compensation shall be deducted

3

from the attorney’s fee award until satisfied and thereafter shall be taxed to movant. If the

4

opposing party must pay the special master, then it shall pay the special master and pay the

5

award. The Court will, however, reserve final judgment on allocation of the expense of the

6

special master until a final determination of the fee issue.

7
8

IT IS SO ORDERED.

9
Dated: March 11, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2