Tessera, Inc. v. Advanced Micro Devices, Inc. et al

Filing 1301


Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 TESSERA, INC., 5 6 7 8 9 United States District Court For the Northern District of California 10 Plaintiff, v. ADVANCED MICRO DEVICES, INC., et al., Defendant. ________________________________/ POWERTECH TECHNOLOGY INC., 11 12 No. C 05-4063 CW No. C 10-945 CW Plaintiff, v. 13 TESSERA, INC., 14 Defendant. ________________________________/ 15 16 POWERTECH TECHNOLOGY INC., Plaintiff, 17 18 19 v. TESSERA, INC., Defendant. 20 21 22 ________________________________/ TESSERA, INC., 25 No. C 12-692 CW Plaintiff, 23 24 No. C 11-6121 CW v. MOTOROLA, INC., et al., 26 Defendant. ________________________________/ 27 AND ALL RELATED COUNTERCLAIMS 28 / ORDER APPOINTING THE HON. WAYNE D. BRAZIL (RET.) AS SPECIAL MASTER AND PROVIDING STANDARDS OF REVIEW 1 Under Federal Rule of Civil Procedure 53 (a) and (b), the parties have had an opportunity to be heard on the issue of the 3 appointment of a Special Master. 4 consideration of fairness, the prevention of undue delay and the 5 amount of judicial resources expended adjudicating discovery 6 disputes in these cases constitute "exceptional circumstances" 7 which require the appointment of a special master to oversee 8 discovery and other pretrial matters. 9 County of San Francisco, 2007 WL 3306526, *9 (N.D. Cal); National 10 United States District Court For the Northern District of California 2 Ass'n of Radiation Survivors v. Turnage, 115 F.R.D. 543, 560 (N.D. 11 Cal. 1987). 12 (b)(3), the Hon. Wayne D. Brazil (Ret.) has filed an affidavit 13 disclosing whether there is any ground for disqualification under 14 28 U.S.C. § 455 and either no ground for disqualification was 15 disclosed or the parties, with the Court's approval, have waived 16 the disqualification. The Court has found that the See Harmston v. City and Pursuant to Federal Rule of Civil Procedure 53 17 THEREFORE, IT IS ORDERED THAT, pursuant to Federal Rule of 18 Civil Procedure 53, the Court appoints the Hon. Wayne D. Brazil 19 (Ret.) as the Special Master for discovery and other pretrial 20 matters in these cases. 21 1. Scope of Duties. The Special Master shall adjudicate all 22 pretrial discovery disputes in these cases, including disputes 23 arising during the course of depositions, and other non- 24 dispositive pretrial disputes as requested. 25 2. Scope of Authority. The Special Master shall have all the 26 authority provided in Federal Rule of Civil Procedure 53(c), 27 including, but not limited to, the authority to set the date, 28 time, and place for all hearings determined by the Special Master 2 1 to be necessary; to direct the issuance of subpoenas; to make 2 rulings on objections or otherwise resolve disputes arising during 3 the course of depositions; to preside over hearings (whether 4 telephonic or in-person); to take evidence in connection with 5 discovery disputes and other referred disputes; to award fee 6 allocations and non-contempt sanctions provided by Federal Rules 7 of Civil Procedure 37 and 45; and to recommend contempt sanctions. 8 Any motion pursuant to Federal Rule of Civil Procedure 37 or Civil 9 Local Rule 37-1 for sanctions for violations of the Special United States District Court For the Northern District of California 10 Master's orders shall be decided by the Special Master. 11 3. Procedures for Briefing Submitted to Special Master. 12 Special Master may resolve disputes presented orally, in person or 13 by telephone, in a letter brief, or in formal motions. 14 case of discovery disputes that are to be resolved by letter brief 15 or written motions, all papers will be submitted directly to the 16 Special Master by email with a courtesy copy by United States Mail 17 or overnight courier, as directed by the Special Master. 18 schedules will be determined by the Special Master. 19 4. Discovery Disputes - Meet and Confer Required. The In the Briefing In the 20 event of a discovery dispute, the parties shall first meet and 21 confer in good faith to attempt to resolve the dispute. 22 event the parties are not able to reach an agreement, the dispute 23 will be resolved by the Special Master. 24 shall, with notice to the other parties, contact the Special 25 Master to determine the Special Master's availability for a 26 telephone conference at a time when all parties are available. 27 the event that the party seeking the relief wishes to submit a 28 letter brief, then not less than forty-eight hours prior to the 3 In the The party seeking relief In 1 conference, the party seeking relief shall send a letter by email, 2 not to exceed five pages, outlining the issues in the dispute and 3 its position. 4 conference, the party opposing may submit a letter by email, not 5 to exceed five pages, outlining the party's reasons for its 6 opposition. 7 necessary upon conclusion of the telephone conference, the Special 8 Master will order it. 9 procedures for resolution of discovery disputes. Not less than twenty-four hours prior to the Should the Special Master find further briefing This paragraph sets forth the default However, the United States District Court For the Northern District of California 10 Special Master may alter these procedures with respect to a 11 particular dispute as deemed appropriate and necessary. 12 5. Preservation of Record. Pursuant to Federal Rule of Civil 13 Procedure 53(b)(2)(C), the Special Master shall maintain files 14 consisting of all documents submitted by the parties and any 15 written orders, findings, and/or recommendations. 16 issued by the Special Master shall be emailed to the parties. 17 Such emailing shall fulfill the Special Master's duty to serve the 18 order on the parties. 19 Special Master shall be filed with the Court by the moving party 20 via Electronic Case Filing (ECF) in a notice of ruling. 21 records of the Special Master's activities other than written 22 orders, findings, and/or recommendations shall be filed in 23 accordance with paragraph 6.(a) herein. 24 25 26 27 Any order In addition, any order issued by the Any 6. Action on Special Master's Orders, Reports, or Recommendations. (a) Pursuant to Federal Rule of Civil Procedure 53(b)(2)(D), the procedure described in paragraphs 6(b) and 6(c) 28 4 1 herein shall govern any action on the Special Master's orders, 2 reports and/or recommendations. 3 (b) Time Limits for Review. Any party wishing to file 4 objections to the Special Master's orders, reports and/or 5 recommendations must file such objection with the Court within 6 fourteen days from the day the Special Master's order, report 7 and/or recommendation is filed. 8 orders will be subject to the same procedures as review of orders 9 of a Magistrate Judge, except as otherwise provided herein. United States District Court For the Northern District of California 10 Review of the Special Master's See Civil Local Rule 72-2. 11 (c) Filing the Record for Review. The party filing the 12 objection shall submit with such objection any record necessary 13 for the Court to review the Special Master's order, report, and/or 14 recommendation, including any transcripts of proceedings before 15 the Special Master and any documents submitted by the parties in 16 connection with the Special Master's order, report, and/or 17 recommendation. 18 grounds for the Court to overrule the objection or deny the 19 motion. 20 Failure to provide the record shall constitute (d) Standard of Review. In Case Nos. 10-945 and 11- 21 61212, the parties have stipulated that the standard of review 22 applicable to pretrial matters decided by magistrate judges set 23 out in 28 U.S.C. § 636(b)(1)(A) shall apply to the Special 24 Master’s orders. 25 have not filed any such stipulation, and so the standard set forth 26 in Federal Rule of Civil Procedure 53(f) shall apply. 27 28 In Case Nos. 05-4063 and 12-692, the parties 7. Ex Parte Communications. To facilitate the fulfillment of the duties hereunder, the Special Master may communicate ex parte 5 1 to the Court to the extent that the Special Master deems necessary 2 and appropriate. 3 parte communications with a party but such communications shall be 4 limited to administrative matters such as scheduling hearings, 5 telephone calls or briefing, if such arrangements cannot be made 6 in a timely manner by contacting the Special Master's 7 administrative assistant. 8 9 In addition, the Special Master may have ex 8. Compensation. The Special Master shall be compensated at the normal hourly rate for his services. The cost of the Special United States District Court For the Northern District of California 10 Master's compensation shall be allocated at the Special Master's 11 discretion, including allocation of the cost of the Special 12 Master's compensation to the non-prevailing party upon the 13 resolution of a dispute. 14 requested by the Special Master in its counsel’s trust account, 15 which shall be billed against at the Special Master’s usual hourly 16 rate, and replenished as requested. 17 9. Diligence. Each side will deposit a retainer if Pursuant to Federal Rule of Civil Procedure 18 53(b)(2), the Court hereby directs the Special Master to proceed 19 with all reasonable diligence in performing these duties. 20 10. Resources. If requested, the parties shall provide any 21 resources previously authorized to the Special Master, including 22 law clerks made available by the parties and retained through 23 JAMS. 24 25 IT IS SO ORDERED. 26 27 28 Dated: 12/18/2013 CLAUDIA WILKEN United States District Judge 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?