Guerrero v. California Department of Corrections & Rehabilitation et al

Filing 323

ORDER APPOINTING ATTORNEY MATTHEW BORDEN AS SPECIAL MASTER. Signed by Judge Alsup on 1/28/2016. (whalc2, COURT STAFF) (Filed on 1/28/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VICTOR GUERRERO,

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For the Northern District of California

United States District Court

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Plaintiff,

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No. C 13-05671 WHA

v.

ORDER APPOINTING
ATTORNEY MATTHEW
BORDEN AS SPECIAL
MASTER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION;
STATE PERSONNEL BOARD,
Defendants.
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Pursuant to Rules 53(c) and 54(d)(2)(D), this order hereby appoints Attorney Matthew

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Borden of BraunHagey & Borden, LLP, as a special master regarding attorney’s fees in this

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case. As a service to the Court and to save the parties expense, Attorney Borden has generously

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agreed to cap his hourly rate at $200 PER HOUR. The Court will allocate the fees of the

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special master in a fair and reasonable manner, taking into account the reasonableness of the

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parties’ respective positions and the special master’s recommendation in this regard. If the

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movant must pay, then the special master’s compensation shall be deducted from the attorney’s

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fee award. If the opposing party must pay the special master, then it shall pay the special

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master and pay the award. The Court will, however, reserve final judgment on allocation of the

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expense of the special master until a final determination of the fee issues.

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As a preliminary matter, counsel for all parties shall participate in a phone conference
with Attorney Borden to discuss any conflict-related matters by FEBRUARY 2, 2016. Attorney

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Borden’s office phone number is [phone]. By FEBRUARY 4 AT NOON, the parties must

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submit any objection to Attorney Borden serving as special master based on any conflict. If no

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reasonable objections are filed, a subsequent order will lay out the scope of Attorney Borden’s

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duties and set a timeline for his report and recommendation.

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IT IS SO ORDERED.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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Dated: January 28, 2016.

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