Magna Electronics, Inc. v. Valeo, Incorporated et al

Filing 268

ORDER of appointment of Special Master and referral of summary judgment motions. Signed by District Judge Avern Cohn. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MAGNA ELECTRONICS, INC.,
Plaintiff,
v.

Case No. 13-11376

VALEO, INC., VALEO, S.A.,
VALEO GMBH, CONNAUGHT
ELECTRONICS, LTD., VALEO
SCHALTER UND SENSOREN
GMBH, and VALEO NORTH
AMERICA, INC.

HON. AVERN COHN

Defendants.
__________________________________/
APPOINTMENT AND ORDER OF REFERENCE OF SUMMARY JUDGMENT
MOTIONS TO SPECIAL MASTER
This is a patent case. Plaintiff Magna Electronics, Inc. (Magna) is suing
defendant Valeo, Inc. (Valeo) claiming infringement of 7 patents which are directed to
multi-camera vision systems installed in automobiles. The 2 paradigm patents are U.S.
Patent No. 7,859,565 (‘565 patent), Vision System for a Vehicle Including Image
Processor, and U.S. Patent No. 7,877,175 (‘175 patent), Imaging System for Vehicle.
Before the Court are the following motions:1
Defendants' Motion for Summary Judgment of Noninfringement (Doc. 234)
Defendants' Motion for Summary Judgment of Invalidity (Doc. 235)

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Also before the Court are Defendants' Motion for Summary Judgment Miscellaneous Motions (Nos. 1-3) (Doc. 232), Defendants’ Motion To Exclude Certain
Opinions of Magna Experts Michael Nranian and Woodward Yang (Doc. 222), and
Plaintiff's Motion for Partial Summary Judgment (Doc. 242). Proceedings on these
motions are STAYED pending resolution of the summary judgment motions referred to
the Special Master.

The papers pertaining to the motions thus far consist of the following:2
Defendants' Motion for Summary Judgment of Noninfringement,
motion for summary judgment (Doc. 234)
Statement of Facts (Doc. 234-1)
Magna's Opposition (Doc. 265)
Magna's Response to Statement of Facts (Doc. 265-1)
Defendants' Motion for Summary Judgment of Invalidity, Motion for summary
judgment and memo in support (Doc. 235)
Statement of Facts (Doc. 235)
Magna's Opposition (Doc. 248)
Magna' Response to Statement of Facts (Doc. 265-2)
Because of the complexity of the subject matter it is ordered that:
1.

The determination of the motions shall be made by Eric Dobrusin3 as Special

Master in accordance with Fed. R. Civ. P. 53(c) and (d) to decide upon and recommend
in writing an appropriate resolution of the motion. The Special Master’s contact
information is below:
Eric M. Dobrusin
The Dobrusin Law Firm PC
29 W Lawrence St Ste 210
Pontiac, MI 48342-2183
[phone]
[e-mail]

2

In addition to the briefs, the record contains the following miscellaneous exhibit
filings: Defendants' Consolidated Appendix of Exhibits in Support of Summary
Judgment and Daubert Motions: Public Exhibits (Doc. 228); Sealed Exhibits (Doc. 236)
Defendants' Supplemental Consolidated Appendix of Exhibits: Public Exhibits (Doc.
251); Sealed Exhibits (Doc. 263), Defendants' Exhibit 4 (Appendix C to the Declaration
of Charles E. Thorpe) Filed in the Traditional Manner (Doc. 266), Plaintiff's Exhibits in
Support of Motion for Summary Judgment (Doc. 220 Public Exhibits; Sealed Exhibits
Doc. 232), Plaintiff's Consolidated Appendix of Exhibits in Support of Responses to
Valeo's Summary Judgment Motions (Doc. 254 Public Exhibits; Doc. 265 Sealed
Exhibits), Plaintiff's Exhibits Filed in the Traditional Manner (Doc. 261).
3

Dobrusin was previously appointed Special Master with regard to an Alice
motion. See Doc. 85.
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2.

The Special Master shall confer with the parties to arrange a schedule for

additional briefing, if desired, and other matters.
3.

Copies of papers filed with the Special Master shall also be filed simultaneously

with the Clerk of the Court and served pursuant to applicable federal rules and a copy
shall be simultaneously sent to the Court. Forwarding letters or informal
communications need not be filed, but should be served on the opposite party.
4.

The Special Master may conduct meetings at a location(s) to be agreed upon by

the parties and the Special Master. The Special Master may conduct hearings and
meetings at a location(s) of the Special Master’s choice after consultation with the
parties.
5.

The Special Master may communicate with the Court ex parte on procedural

matters.
6.

Before filing his report, the Special Master shall submit a draft to counsel for the

purpose of receiving their suggestions. After receipt and consideration of counsels’
suggestions, the Special Master shall issue his report.4 The report shall note with
particularity the suggestions of the parties.
7.

The Special Master shall use his best efforts to submit his report within one

hundred and twenty (120) days from the date of this order.
8.

A petition for review by the Court shall be submitted in writing within twenty one

(21) days of receipt of the Special Master’s report. Review of the recommendations of
the Special Master by the Court shall be governed by 28 U.S.C. § 636(b)(1)(B) and (C).

4

“This is known as settling the master’s report.” Dobie, The Federal Rules of Civil
Procedure, 25 Va. L. Rev. 261, 293 n. 128 (1939).
3

9.

The Special Master may use law clerks or paralegals at his discretion and shall

keep detailed records of his time and expenses. The Special Master shall render
detailed monthly bills for all fees and expenses at the same rates ordinarily charged
clients for his services, and such bills shall be paid promptly as follows: fifty percent
(50%) by Magna and 50 percent (50%) by Valeo. The monthly bills shall be submitted
directly to counsel for the parties who shall take responsibility for prompt payment by
their respective clients within thirty (30) days.
10.

Objections, if any, to this order shall be filed within seven (7) days.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: 11/15/2018
Detroit, Michigan

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