Lensing v. Potter

Filing 211

Notice of Appointment of Special Master for Calculation of Damages; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, aeb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BARBARA LENSING,
Plaintiff,

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JOHN POTTER, POSTMASTER GENERAL,
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UNITED STATES POSTAL SERVICE,
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Defendant.
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No. 1:03-cv-575
HONORABLE PAUL L. MALONEY

NOTICE OF APPOINTMENT OF SPECIAL MASTER
FOR CALCULATION OF DAMAGES
On September 2, 2010, a jury returned a verdict in favor of Plaintiff Barbara Lensing. (ECF
No. 186.) The jury concluded Plaintiff was denied a promotional opportunity on the basis of her
race. Before the Court are the parties’ vastly different calculations of economic damages, which
were reserved for the Court's determination if plaintiff prevailed.
This Order gives the parties notice that a Special Master, attorney Sarah Howard of Warner,
Norcross & Judd, will be appointed to resolve the completing calculations of damages. See Fed. R.
Civ. P. 53(b)(1). The Court has decided to appoint a special master to perform the difficult
computation of damages. See Fed. R Civ. P. 53(a)(1)(B)(ii). The complaint in this action was filed
in 2003 and the litigation has been delayed several times. In light of these delays, and the fragile
health of Plaintiff, the Court finds that the post-trial calculation of damages cannot be effectively
and timely addressed given the time available on the Court’s calendar. See Fed. R. Civ. P.
53(a)(1)(C).

Upon appointment, the Special Master will resolve the competing calculations of

damages submitted by the parties. The Special Master will resolve any outstanding legal and factual
issues necessary in calculating the damages owed to Plaintiff Barbara Lensing. The Special Master
shall be provided access to the sealed documents already filed with the Court. In executing the

duties, the Special Master shall be able to communicate ex parte with the parties.
Where necessary, the Special Master may order the parties to provide additional materials
necessary to resolve the damage claims. Any such order shall be filed with the Court by the Special
Master. Either party may appeal the order of the Special Master within fourteen (14) days. Any
additional materials ordered by the Special Master and provided by the parties must be included as
part of the Special Master’s report.
The Special Master shall file a report that includes any necessary findings of fact and law
and shall make recommendations regarding the calculation of damages. The Special Master shall
serve the report on the parties when filed. The Special Master’s report shall be subject to objections
by the parties and review by the Court under Fed. R. Civ. P. 53(f)(2).
The Special Master shall file her report 91 days from the date of the Order Appointing the
Special Master.
The court, if requested by either party, will schedule oral argument on objection(s) to the
Special Master's Report. Such argument shall be held no later than 42 days after the expiration of
the time for filing objections and shall be based only on the state of the record at the time of the
Special Master's Report.
Because Plaintiff prevailed, Defendant shall bear the burden of compensating the Special
Master. Ms. Howard shall be compensated at the rate of $280 per hour.
Within ten days of the date of this Order, Ms. Howard shall file an affidavit disclosing any
grounds that might disqualify her under 28 U.S.C. § 455. See Fed. R. Civ. P. 53(b)(3).

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The parties SHALL FILE ANY OBJECTIONS to an order appointing Ms. Howard no
more than 14 days after her affidavit is filed with the Court. IT IS SO ORDERED.

Date:

October 12, 2011

/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge

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