Surbey v. Pacific Gas & Electric Company et al

Filing 49

ORDER appointing special master for discovery. Signed by Judge Thelton E. Henderson on 02/06/14. (tehlc3, COURT STAFF) (Filed on 2/6/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER SURBEY,

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Plaintiff,

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For the Northern District of California

United States District Court

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NO. C13-2402 TEH
ORDER APPOINTING SPECIAL
MASTER FOR DISCOVERY

v.
PACIFIC GAS & ELECTRIC
COMPANY, et al.,

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Defendants.
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It is evident from the parties’ most recent joint case management statement, as well as

16 their prior discovery disputes, that counsel in this case will require more supervision than
17 usual during the discovery process. As another judge in this district explained long ago:
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The discovery system depends absolutely on good faith and
common sense from counsel. The courts, sorely pressed by
demands to try cases promptly and to rule thoughtfully on
potentially case dispositive motions, simply do not have the
resources to police closely the operation of the discovery process.
The whole system of Civil adjudication would be ground to a
virtual halt if the courts were forced to intervene in even a modest
percentage of discovery transactions. That fact should impose on
counsel an acute sense of responsibility about how they handle
discovery matters. They should strive to be cooperative, practical
and sensible, and should turn to the courts (or take positions that
force others to turn to the courts) only in extraordinary situations
that implicate truly significant interests.

25 In re Convergent Tech. Sec. Litig., 108 F.R.D. 328, 331 (N.D. Cal. 1985). Counsel’s
26 apparent failure to comply with these general principles convinces the Court that a discovery
27 master is necessary to avoid wasting judicial resources and preventing a timely resolution of
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Starr Babcock, Esq., is appointed as Special Master to supervise and preside

3 over all discovery in this case.
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a.

If necessary, the Special Master may attend all or portions of any

5 remaining depositions, rule on all objections made by counsel during the depositions, rule on
6 any instructions by counsel for the deponent not to answer a question, and order the deponent
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b.

The Special Master shall immediately notify this Court if, during a

9 deposition in which he is in attendance, any counsel fails to comply or cooperate fully with

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For the Northern District of California

United States District Court

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2.

The Special Master’s hourly fee shall be $500.00. The Special Master shall, in

12 his discretion, allocate and assess the payment of his fees among the parties, including
13 allocation of all of his fees to one party should he determine that the party has acted in bad
14 faith. The parties shall pay the Special Master’s fees within ten calendar days of assessment,
15 unless otherwise excused by the Special Master or this Court.
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3.

At his earliest convenience, the Special Master shall contact the parties to

17 discuss the execution of his duties in connection with this order. If a dispute arises prior to
18 the Special Master’s initial contact, the parties may reach the Special Master by telephone at
19 [phone].
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21 IT IS SO ORDERED.
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23 Dated: 02/06/14
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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