Balla v. Idaho, State of

Filing 947

ORDER re 944 Stipulation for Special Master. The Stipulation (docket no. 944) is APPROVED, and Susie Boring-Headlee is appointed as a special master in this case. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
WALTER D. BALLA, et al.,
Case No. 1:81-cv-1165-BLW
Plaintiffs,
ORDER GRANTING STIPULATION
FOR APPOINTMENT OF SPECIAL
MASTER

v.
IDAHO STATE BOARD OF
CORRECTION, et al.,
Defendants.

The parties have filed a stipulation with the Court proposing that Susie Boring-Headlee
be appointed as a special master in this case. This appointment has been proposed by both sides
in this case, and was not proposed at the behest of the Court.
Ms. Boring-Headlee has submitted an affidavit, as required by Rule 53(b)(3)(A) of the
Federal Rules of Civil Procedure, disclosing whether she has “any relationship to the parties,
attorneys, action, or court that would require disqualification of a judge under 28 U.S.C. § 455.”
Fed. R. Civil P. 53(a)(2); (b)(3)(A). After reviewing the Affidavit, the Court finds that Ms.
Boring-Headlee does not have “a relationship to the parties, attorneys, action, or court that would
require disqualification of a judge under 28 U.S.C. § 455.” Furthermore, notwithstanding any
grounds for disqualification, the parties have stipulated to waive any potential ground for
disqualification. (Dkt. 944, ¶ 4); Fed. R. Civ. P. 53(b)(3)(B).
Based on their stipulation, the Court will approve the stipulation.
ORDER
NOW THEREFORE IT IS HEREBY ORDERED:

ORDER GRANTING STIPULATION FOR APPOINTMENT OF SPECIAL MASTER--1

1) That the Stipulation (docket no. 944) is APPROVED, and that Susie Boring-Headlee
is appointed as a special master in this case under Rule 53 of the Federal Rules of
Civil Procedure and 18 U.S.C. § 3626(f). The Clerk shall send a copy of this Order to
Ms. Boring-Headlee at her email address: [e-mail]. The Clerk's Office
shall enter Susie Boring-Headlee as an interested party to allow her to receive
documents, included sealed pleadings, in this case.
2) Ms. Boring-Headlee is appointed to assist the Court in overseeing the Parties’
compliance with the Stipulation to Modify Injunctive Relief (Dkt. 842) and the
Modified Compliance Plans (“MCP”) on file in this action. As used in this
paragraph, “overseeing” means receiving written reports from the parties, meeting
with counsel and/or the parties, mediating disputes among the parties and/or counsel,
asking the parties for further information, and providing summaries of meetings or
the materials received for the Court. The term “overseeing” does not include holding
evidentiary hearings, making any findings, or receiving or acting upon formal written
motions. In performing these duties, Ms. Boring-Headlee will act pursuant to the
directions of Judge David O. Carter, to whom the Court has referred all matters
related to oversight and enforcement of the Stipulation to Modify Injunctive Relief
(Dkt. No. 842) and the Modified Compliance Plans on file in this matter.
3) Ms. Boring-Headlee will assist with and participate in the dispute resolution process
as set forth in § 7.1 of the Stipulation to Modify Injunctive Relief (Dkt. 842).
4) Ms. Boring-Headlee shall be compensated by Defendants for her services as special
master, at a rate mutually agreed upon by Ms. Boring-Headlee and Defendants, but
“not greater than the hourly rate established under section 3006A for payment of

ORDER GRANTING STIPULATION FOR APPOINTMENT OF SPECIAL MASTER--2

court-appointed counsel.” 18 U.S.C. § 3626(f)(4). Defendants may petition the Court
for compensation of Ms. Boring-Headlee pursuant to Rule 53(g)(2)(B).
5) Ms. Boring-Headlee shall not have any ex parte communications regarding this
matter with the parties or their counsel, other than for scheduling or procedural
purposes unrelated to the merits of the litigation, the Stipulation to Modify Injunctive
Relief (Dkt. No. 842), or the Modified Compliance Plans.
6) Ms. Boring-Headlee shall retain all documents obtained by her in the performance of
her duties and shall make such documents available to the Court upon the Court’s
request.
7) Ms. Boring-Headlee’s appointment as special master shall terminate upon the
termination of the Balla I Orders 1, 3, 4, and 5 as set forth in Section 6.7 of the
Stipulation to Modify Injunctive Relief (Dkt. 842); or earlier upon order of the Court
or stipulation of the parties.

DATED: March 25, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER GRANTING STIPULATION FOR APPOINTMENT OF SPECIAL MASTER--3