UNITED STATES OF AMERICA v. AT&T INC. et al

Filing 45

Unopposed MOTION for Order to Appoint a Special Master by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order Order to Appoint Special Master)(Hammond, Matthew)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA et al.,
Plaintiffs,

Civil Action No. 11-01560 (ESH)

v.
AT&T INC. et al.,
Defendants.
[Proposed] Order
Upon consideration of the representations of counsel, the applicable case law, the record
herein, and with the consent of all parties, it is this ___ day of October, 2011, hereby
ORDERED that:
1.

The Hon. Richard A. Levie (Ret.) (“Special Master”) shall be appointed pursuant

to Rule 53 of the Federal Rules of Civil Procedure as Special Master in this action for the
purpose of considering matters referred to him as described in Paragraph 2 below. The Special
Master shall have the rights, powers, and duties provided in Rule 53 and may adopt such
procedures as are not inconsistent with that Rule or with this or other Orders of the Court.
2.

Scope of Reference: The following matters are referred to the Special Master for

him to consider and rule upon:
All disputes relating to discovery in the above-captioned case, including but not
limited to claims of privilege, motions to compel, motions for protective order,
scheduling, e-discovery, and expert discovery.
3.

Discovery Motions: Motions by any party or nonparty subject to discovery may

be filed with the Special Master following a substantive meet and confer. Responses must be
filed within 48 hours after e-mail service on opposing counsel and the Special Master, except

that responses to motions filed on Fridays shall be due by 5 p.m. eastern on Monday. Each side
shall have a maximum of 750 words per issue for moving and opposing submissions. Replies
shall be limited to 250 words per issue and shall be served no later than 24 hours after receipt of
the opposition. Plaintiffs and Defendants may each choose up to three issues during the course of
this litigation as to which each side shall have 2,500 words, with the reply limited to 1,000
words. Service shall be by e-mail and in Word format, with two hard copies (including copies of
all cases and other cited materials) delivered to the Special Master by either hand or overnight
delivery. All papers filed for consideration by the Special Master shall also be filed with the
Clerk, subject to the Amended Stipulated Protective Order Concerning Confidentiality or any
superseding Order.
4.

In light of the expedited schedule for trial of this matter, the Special Master shall

in his discretion rule on the papers or hear argument in person or by teleconference. Any party
seeking a hearing on any motion shall set forth in the motion or the opposition the reasons why
argument is necessary. Movants and Respondents shall make counsel available for any hearing
or teleconference scheduled by the Special Master. The Special Master shall file with the Clerk
copies of all written orders, subject to the Amended Stipulated Protective Order Concerning
Confidentiality or any superseding Order. Consistent with the Special Master’s schedule, it is
anticipated that rulings will be made within 3 or 4 days of either the completion of briefing on a
motion or oral argument.
5.

The rulings of the Special Master on matters referred to him under paragraph 2

shall be final unless the Special Master certifies the ruling for appeal to this Court. Any party or
nonparty seeking certification shall submit its reasons, in a writing of no more than 250 words
per issue and within 24 hours of the ruling for which certification is sought. Any party or

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nonparty opposing certification may also submit a writing of no more than 250 words per issue
within 24 hours of the certification request. Upon notice of certification by the Special Master,
the party or nonparty seeking to appeal shall within 48 hours file a brief of no more than 2,000
words per issue, except upon good cause shown. Responses of similar length shall be filed within
48 hours, except that responses to appeals filed on Fridays shall be due by 5 p.m. eastern on
Monday.
6.

The Special Master may communicate ex parte with the Court on matters of

procedure, but shall not otherwise engage in ex parte discussions.
7.

Compensation at rates mutually agreeable to the Special Master and the parties

shall be paid to the Special Master on a monthly basis by the parties, together with
reimbursement for reasonable expenses incurred including the cost of the Special Master’s law
clerk(s). Plaintiffs will be jointly responsible for paying one-half of the fees and expenses
described herein; Defendants will be jointly responsible for paying the other half of the fees and
expenses described herein.
8.

The parties shall have weekly in-person or telephonic conferences with the

Special Master beginning Tuesday, October 18, at 8:30 a.m. eastern and continuing thereafter
every week on Tuesday at 8:30 a.m. eastern, or as otherwise scheduled by the Special Master.
Counsel with authority as to the matters on the agenda for the conference shall participate in
every conference.

____________________
Hon. Ellen Segal Huvelle
United States District Judge
Copies served upon:
Hon. Richard A. Levie (Ret.)
Electronic Service List

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