Norgren Automation Solutions, LLC v. PHD, Inc.

Filing 37

APPOINTMENT AND ORDER OF REFERENCE TO SPECIAL MASTER. Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

NORGREN AUTOMATION SOLUTIONS,
LLC,
Plaintiff,
Case No. 14-13400
HON. GERSHWIN A. DRAIN

vs.

PHD, INC.,
Defendant.
_____________________________/
APPOINTMENT AND ORDER OF REFERENCE TO SPECIAL MASTER
This is a complex patent case involving United States Patent Nos. RE39,786
and RE41,223. Because of the complexity of the subject matter and having received
no objections to the Court’s Notice of Proposed Appointment and Order of Reference
to Special Master and Supplement to Proposed Appointment (Dkt. Nos. 33 and 34),
IT IS ORDERED that:
1.

Claim construction is referred to Richard D. Grauer, 1006 Stratford
Lane, Bloomfield Hills, MI 48304, phone number [phone], fax
number [phone], e-mail address: [e-mail], as Special
Master to decide upon and report and recommend in writing the
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appropriate construction of the claims at issue.1
2.

Copies of papers submitted to the Special Master shall also be filed
simultaneously with the Court and served pursuant to applicable federal
rules. Forwarding letters or informal communications need not be filed
but should be served on the opposite party.

3.

Communications between the Special Master and the parties, as well as
submissions to the Special Master, may be accomplished by electronic
mail, and the parties shall designate the persons who will receive such
electronic mail.

4.

The Special Master shall review the submitted material and confer with
the parties following that review to determine if further information is
needed and a schedule for submitting such additional information.

5.

The Special Master may conduct the Markman hearing on June 23, 2015,
and any other hearings and meetings at a location directed by him after
consultation with the parties.

6.

The Special Master will not have the power to impose sanctions against
a party under Federal Rule of Civil Procedure 53(c), but may recommend

1

The Court has not yet determined whether it will also refer dispositive motions for
report and recommendation.
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sanctions to the Court.
7.

A petition for review by the Court of the recommendations of the Special
Master shall be submitted in writing within (10) 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).

8.

The Special Master shall keep detailed records of his time and expenses.
The Special Master shall render detailed bills for all fees and expenses
and such bills shall be paid within 30 days as follows: fifty percent
(50%) by Plaintiff and fifty percent (50%) by Defendant. The first bill
shall be rendered at the time of the filing of the Special Master’s report,
and shall be submitted directly to counsel for the parties, who shall take
responsibility for prompt payment. A second bill shall be rendered if
there are any post-report expenses or time incurred by the Special
Master. The Special Master shall keep the parties informed of the time
being spent with a bi-weekly progress report.

9.

The Special Master may communicate ex parte with the Court to seek
guidance in executing his duties.

The Special Master may also

communicate ex parte with the Court to assist the Court with legal
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analysis of the parties’ submissions and to assist the Court with
understanding highly specialized matters and to provide the Court with
technical expertise. The Special Master shall keep the Court informed
about his progress and activities with a bi-weekly progress report.
IT IS SO ORDERED.

Dated: May 7, 2015

/s/Gershwin A Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE

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