Brasley v. Fearless Farris Service Stations, Inc. et al

Filing 247

ORDER re 245 Memorandum/Brief Final Report and Recommendation of Special Master. (Case Management deadline set for 9/26/2013 for parties to file any objections or motions to the report.) 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 (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

EDWARD BRASLEY, et. al.,
Plaintiffs,
v.

Case No. 1:08-cv-00173-BLW
ORDER

FEARLESS FARRIS SERVICE
STATIONS, INC., et. al.,
Defendants.

The Court has received the Special Master’s Report and Recommendation. (Dkt.
245). The Special Master was appointed in this case pursuant to Federal Rule of Civil
Procedure 53. (Dkt. 222). In accordance with that rule, it seems implicit that the Court
would act upon the Special Master’s Report & Recommendation upon receiving any
objections or motions from the parties pursuant to Rule 53(f)(2). However, to be clear,
the Court gives the parties notice, pursuant to Rule 53(f)(1), that it intends to act on the
Special Master’s Report and Recommendation.
Accordingly, the parties may file any objections or motions to the Report and
Recommendation on or before September 26, 2013, which is 21 days after it was served
on them. Fed. R. Civ. P. 53(f)(2). The parties are not required to file anything, but if they
do, they must also indicate whether they seek oral argument or request the Court receive
additional evidence. Upon reviewing the parties’ submissions the Court will determine
whether to conduct oral argument or receive evidence in making its determination on

ORDER - 1

whether to adopt or reject, in whole or in part, the Special Master’s Report and
Recommendation. See Disney Enterprises, Inc. v. Stephen Slesinger, Inc., 499 Fed.Appx.
707, 708 (9th Cir. 2012) (Holding that Rule 53(f)(1) does not require an oral or
evidentiary hearing; it only requires that the parties be heard, which may be in written
form).
IT IS SO ORDERED.

DATED: September 17, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 2