Zak v. Facebook, Inc.

Filing 67

ORDER Appointing Christopher G. Darrow as Special Master. (TELEPHONIC Status Conference set for 11/7/2018 10:00 AM before District Judge Terrence G. Berg) Signed by District Judge Terrence G. Berg. (AChu)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRUCE ZAK,
an individual,
Plaintiff,

Case No. 15-13437
Hon. Terrence G. Berg

v.
FACEBOOK, INC.,
a Delaware corporation,
Defendants.

ORDER APPOINTING
CHRISTOPHER G. DARROW AS SPECIAL MASTER
On June 15, 2018 the Court issued an order regarding the
appointment of a special master, which required any objections to the
appointment to be filed by June 29, 2018 (Dkt. 89). Neither party
objected to Mr. Darrow’s qualifications, however, Plaintiff objected to
the additional costs associated with appointing a Special Master (Dkt.
83). During a hearing on the record held on July 25, 2018, the Court
overruled Plaintiff’s objections. Therefore, pursuant to Rule 53 of the
Federal Rules of Civil Procedure, and the Court’s inherent authority,
the Court orders as follows:

1. Christopher G. Darrow is appointed as a special master in this
complex patent infringement case. As a special master, Mr. Darrow
shall act as a confidential advisor to the Court with regard to matters
requiring technical expertise. In addition, the Court may direct Mr.
Darrow to meet and confer with the parties in an effort to resolve any
dispute or motion without formal adjudication, and to facilitate
settlement of the litigation. Mr. Darrow shall have no power to issue
any order or make any binding decision.
2. Taking into account all of the factors and requirements set
forth in Rule 53(g), the Court determines that Mr. Darrow shall be
compensated at a rate of $300 per hour for his time and be reimbursed
for all reasonable expenses. One-half of Mr. Darrow’s fees and expenses
shall be paid by Plaintiff and one-half shall be paid by Defendant,
subject to eventual shifting if the Court finds that to be appropriate.
Mr. Darrow will invoice the parties monthly, and the parties shall pay
Mr. Darrow’s invoice within 60 days of receiving his invoice. Any
dispute regarding Mr. Darrow’s fees and expenses shall be resolved by
the Court.

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3. The Court is authorized to have ex parte communications with
Mr. Darrow orally and in writing. All such communications shall be
confidential and not subject to disclosure or discovery. Counsel for the
parties shall not have ex parte communications with Mr. Darrow about
the merits of any matter. However, counsel may communicate ex parte
with Mr. Darrow regarding the scheduling of any conferences or
procedures to be followed.
4.

The Court shall review the premises and need for this Order

over the next 90 day period, and hereby sets a telephonic status
conference with the parties to discuss the progress of the same on
November 7, 2018 at 10:00 a.m. EST. Plaintiff to initiate the call.
SO ORDERED.
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Dated: July 26, 2018
Certificate of Service
I hereby certify that this Order was electronically submitted on
July 26, 2018, using the CM/ECF system, which will send notification to
each party.
s/A. Chubb
Case Manager
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