Smith v. Keypoint Government Solutions Inc

Filing 82

PRELIMINARY ORDER APPOINTING MASTER FOR DISCOVERY by Magistrate Judge Kristen L. Mix on 4/21/16. (lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00865-REB-KLM
RICHARD SMITH, individually and on behalf of all others similarly situated,
Plaintiff,
v.
KEYPOINT GOVERNMENT SOLUTIONS, INC., a Delaware corporation,
Defendant.
_____________________________________________________________________
PRELIMINARY ORDER APPOINTING MASTER FOR DISCOVERY
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s oral Motion to Compel Response to
Requests for Production Nos. 10 and 15. See [#81].1 Pursuant to Fed. R. Civ. P.
53(a)(1)(C) and the Court’s conclusion that discovery disputes cannot be effectively and
timely addressed by the assigned District Judge and Magistrate Judge in this matter,
IT IS HEREBY ORDERED:
1. J. Gregory Whitehair, Esq. (the “Master”) is appointed Master for the purpose
of managing and supervising discovery and resolving discovery disputes. Mr. Whitehair’s
contact information is:
1624 Market St., Suite 202
Denver, CO 80202
[phone]
[e-mail]

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[#81] is an example of the convention the Court uses to identify the docket number assigned to a
specific paper by the Court’s case management and electronic case filing system (CM/ECF). This
convention is used throughout this Order.

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The Master is directed to proceed with all reasonable diligence to complete tasks assigned
by this Order.
2.

The Master shall file an affidavit disclosing whether there is any ground for

disqualification under 28 U.S.C. § 455 on or before April 29, 2016.
3. Any objections to appointment of the Master must be filed on or before May 4,
2016.
4. The Master shall convene such hearings or direct the submission of motions and
briefs relating to discovery disputes as the Master deems appropriate and shall issue
orders resolving such disputes.
5.

The Master shall have the sole discretion to determine the appropriate

procedures for resolution of all assigned matters as set forth above and shall have the
authority to take all appropriate measures to perform the assigned duties as set forth
above. The Master may, by order, impose on a party any sanction other than contempt
and may recommend a contempt sanction against a party and contempt or any other
sanction against a non-party.
6.

The parties shall not engage in any ex parte discussions with the Master and

the Master shall not engage in any ex parte discussions with any of the parties.
7.

The parties are no longer obligated to comply with Magistrate Judge Mix’s

discovery procedures. All discovery disputes shall be addressed by filing the appropriate
motion (and subsequent briefing) on the Court’s docket. Magistrate Judge Mix will refer
appropriate discovery motions to the Master. All filings must comply with the applicable
Federal Rules of Civil Procedure and Local Rules. The parties shall file on the docket all

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papers for consideration by the Master. The Master shall also file on the docket all orders
and reports.
8.

Any party seeking review of any ruling by the Master shall file objections

pursuant to Fed. R. Civ. P. 53(f)(2). All such objections will be resolved by Magistrate
Judge Mix.
9.

The Master shall be reimbursed by the parties for all reasonable fees and

expenses incurred in executing his duties under this Order. As to any particular portion of
the proceedings necessitated by the conduct of one party, the Master may assess fees and
expenses of that portion of the proceedings to the responsible party. It is in the discretion
of the Master to allocate the fees and expenses between the parties.
10.

The Master shall be paid $300.00 per hour for work done pursuant to this

Order. The Master may enlist the help of a paralegal, Jody Hobbs, who shall be paid $85
per hour for work done pursuant to this Order, and who shall be reimbursed for all
reasonable expenses incurred. The Master shall bill the parties on a monthly basis for fees
and disbursements. Payment to the Master by the parties shall be due upon receipt. The
Court may impose sanctions against any party who fails or refuses to pay the fees and
expenses assessed by the Master.
Dated: April 21, 2016

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