SuccessFactors, Inc. v. Softscape, Inc.

Filing 225

ORDER re 222 185 Appointing Special Master for Discovery. Signed by Judge Claudia Wilken on 9/2/08. (scc, COURT STAFF) (Filed on 9/2/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. SOFTSCAPE, INC., Defendant(s). SUCCESSFACTORS, INC., Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C08-1376 CW (BZ) ORDER APPOINTING SPECIAL MASTER FOR DISCOVERY

Under Federal Rule of Civil Procedure 53 (a) and (b), the parties have consented to the appointment of a Special Master to act as a discovery referee. The Court finds that

consideration of fairness, the prevention of undue delay and the amount of judicial resources expended adjudicating discovery disputes in this case constitute "exceptional circumstances" which require the appointment of a special master to oversee discovery. See Harmston v. City and Country

of San Francisco, 2007 WL 3306526, *9 (N.D. Cal); National Ass'n of Radiation Survivors v. Turnage, 115 F.R.D. 543, 560 (N.D. Cal. 1987). Pursuant to Federal Rule of Civil Procedure

53 (b)(3), by August 22, 2008 the Special Master is directed 1

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to file an declaration under 28 U.S.C. § 455 stating that there is no ground for disqualification. THEREFORE, IT IS HEREBY ORDERED THAT, pursuant to Federal Rule of Civil Procedure 53, effective upon the filing of his conflict declaration, the Court appoints Jack Russo as the Special Master for discovery in this case. 1. Scope of Duties. The Special Master shall adjudicate

all pretrial discovery disputes in this case, including disputes arising during the course of depositions. 2. Scope of Authority. The Special Master shall have all the authority provided in Federal Rule of Civil Procedure 53(c), including, but not limited to, the authority to set the date, time, and place for all hearings determined by the Special Master to be necessary; to direct the issuance of subpoenas; to make rulings on objections or otherwise resolve disputes arising during the course of depositions; to preside over hearings (whether telephonic or in-person); to take evidence in connection with discovery disputes; to award fee allocations and non-contempt sanctions provided by Federal Rules of Civil Procedure 37 and 45; and to recommend contempt sanctions. Any motion pursuant to Federal Rule of Civil

Procedure 37 or Civil Local Rule 37-1 for sanctions for violations of the Special Master's orders shall be decided by the Special Master. 3. Procedures for Briefing Submitted to Special Master. The Special Master may resolve disputes presented orally, in person or by telephone, in a letter brief, or in formal motions. In the case of discovery disputes that are to be 2

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resolved by letter brief or written motions, all papers will be submitted directly to the Special Master by email with a courtesy copy by United States Mail or overnight courier, as directed by the Special Master. Briefing schedules will be

determined by the Special Master. 4. Discovery Disputes - Meet and Confer Required. In the

event of a discovery dispute, the parties shall first meet and confer in good faith to attempt to resolve the dispute. In

the event the parties are not able to reach an agreement, the dispute will be resolved by the Special Master. The Special

Master shall devise procedures for the parties to follow in seeking his intervention. 5. Preservation of Record. Pursuant to Federal Rule of

Civil Procedure 53(b)(2)(c), the Special Master shall maintain files consisting of all documents submitted by the parties and any written orders, findings, and/or recommendations. Any

order issued by the Special Master shall be emailed to the parties. Such emailing shall fulfill the Special Master's In addition, any

duty to serve the order on the parties.

order issued by the Special Master shall be filed with the Court via Electronic Case Filing (ECF) in a notice of ruling by the moving party. Any records of the Special Master's

activities other than written orders, findings, and/or recommendations shall be filed in accordance with paragraph 6.(a) herein. 6. Action on Special Master's Orders, Reports, or Recommendations. (a) Pursuant to Federal Rule of Civil Procedure 3

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53(b)(2)(D), the procedure described in paragraphs 6(b) and 6(c) herein shall govern any action on the Special Master's orders, reports and/or recommendations. (b) Time Limits for Review. Any party wishing to file

objections to the Special Master's orders, reports and/or recommendations must file such objection with the Court within ten court days from the day the Special Master's order, report and/or recommendation is filed. Review of the Special

Master's orders will be subject to the same procedures as review of orders of a Magistrate Judge, except as otherwise provided herein. See Civil Local Rule 72-2. The party filing the

(c) Filing the Record for Review.

objection shall submit with such objection any record necessary for the Court to review the Special Master's order, report, and/or recommendation, including any transcripts of proceedings before the Special Master and any documents submitted by the parties in connection with the Special Master's order, report, and/or recommendation. Failure to

provide the record shall constitute grounds for the Court to overrule the objection or deny the motion. 7. Ex Parte Communications. To facilitate the

fulfillment of the duties hereunder, the Special Master may communicate ex parte to the Court to the extent that the Special Master deems necessary and appropriate. In addition,

the Special Master may have ex parte communications with a party but such communications shall be limited to administrative matters such as scheduling hearings, telephone calls or briefing, if such arrangements cannot be made in a 4

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timely manner by contacting the Special Master's administrative assistant. 8. Compensation. The Special Master shall be compensated The cost

at the normal hourly rate for his or her services.

of the Special Master's compensation shall be allocated at the Special Master's discretion, including allocation of the cost of the Special Master's compensation to the non-prevailing party upon the resolution of a dispute. 9. Diligence. Pursuant to Federal Rule of Civil

Procedure 53(b)(2), the Court hereby directs the Special Master to proceed with all reasonable diligence in performing these duties.

The parties consent to the appointment of a special master to act as discovery referee.

Dated:

,2008

Counsel for plaintiff

Dated:

,2008

Counsel for defendant

IT IS SO ORDERED. Dated: September 2, 2008 Claudia Wilken United States District Judge

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