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

Filing 281

ORDER. The basis and terms shall be amended to include costs and fees incurred by Mr. Turpin for the work he has performed and will perform to complete thetasks assigned him by the Special Master and the Court, unless one of theparties object to such an amendment. Either party may file an objection to the Courts amended basis and terms for compensating the Special Master by filing a written objection on or before 8/15/2014. (Case Management deadline set for 8/15/2014.)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 must fix the Special Master’s compensation on the basis and terms
stated in the appointing order. Fed. R. Civ. P. 53(g)(1). However, “the court may set a
new basis and terms after giving notice and an opportunity to be heard.” Id. Here,
circumstances have dictated a change in the basis and terms for compensating the Special
Master.
In a number of orders and in his final Report and Recommendation, the Special
Master directed that the Plaintiff’s enrolled actuary make certain calculations and
determinations necessary to a final determination of the amounts due to plan participants.
Since the enrolled actuary has been and will be acting under the direction of the Special
Master and because it would be unjust for the plaintiffs to be required to pay for services
made necessary by the defendants’ failure to fulfill their responsibilities under ERISA,
the Court has determined that it should consider having the enrolled actuary paid by the
Defendants as part of the Special Master’s compensation. Accordingly, the basis and
terms originally ordered by the Court shall remain, but the Court will also consider
Order – page 1

including costs and fees incurred by Mr. Turpin for the work he has performed and will
perform to complete the tasks assigned him by the Special Master – and by the Court in
adopting the Special Master’s Report and Recommendation.
ORDER
IT IS ORDERED:
1.

The basis and terms shall be amended to include costs and fees incurred by
Mr. Turpin for the work he has performed and will perform to complete the
tasks assigned him by the Special Master and the Court, unless one of the
parties object to such an amendment.

2.

Either party may file an objection to the Court’s amended basis and terms
for compensating the Special Master by filing a written objection on or
before August 15, 2014.

3.

If such an objection is filed, the Court will consider the grounds stated and
(1) enter a final order amending the basis and terms for compensating the
Special Master as discussed above, (2) enter no order modifying the basis
and terms of compensation, or (3) schedule oral argument on the objection,
and invite further briefing from the parties.
DATED: August 5, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

Order – page 2