Moussouris v. Microsoft Corporation

Filing 191

ORDER APPOINTING SPECIAL MASTER by Judge James L. Robart. The court appoints Michelle Peterson as Special Master to assist with Plaintiffs' motion to compel 145 147 and other matters as the court may assign after notice to the parties. (Attachments: # 1 Rule 53 Declaration of Michelle Peterson) (PM)

Download PDF
1 THE HONORABLE JAMES L. ROBART 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 KATHERINE MOUSSOURIS, HOLLY MUENCHOW, and DANA PIERMARINI, on behalf of themselves and a class of those similarly situated, 12 13 14 Plaintiffs, v. MICROSOFT CORPORATION, 15 16 17 18 19 20 21 22 23 24 25 26 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 15-cv-1483 JLR RULE 53 DECLARATION OF MICHELLE PETERSON I declare under penalty of perjury that the following is true and correct: 1. Federal Rule of Civil Procedure 53(b)(3) requires that, prior to the entry of an order appointing a master, the master must file (a) “an affidavit disclosing whether there is any ground for disqualification under 28 U.S.C. § 455; and (b) if a ground is disclosed, the parties, with the court's approval, waive the disqualification.” 2. 28 U.S.C. § 455 provides, in part: (a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also disqualify himself in the following circumstances: 1. Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; 27 RULE 53 DECLARATION - 1 MICHELLE PETERSON LAW, PLLC 1420 FIFTH AVENUE, SUITE 2200 SEATTLE, WA 98101 1 2. Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; 2 3 3. Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; 4 5 6 4. He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; 7 8 9 5. He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: 10 11 (i) Is a party to the proceeding, or an officer, director, or trustee of a party; 13 (ii) Is acting as a lawyer in the proceeding; 14 (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; (iv) Is to the judge’s knowledge likely to be a material witness in the proceeding. 12 15 16 17 18 19 3. I am not aware of any ground under § 455 that would disqualify me from serving as special master in this matter. Executed on April 19, 2017 in Seattle, Washington. 20 MICHELLE PETERSON LAW, PLLC 21 22 By 23 Michelle Peterson, WSBA No. 33598 1420 Fifth Avenue, Suite 2200 Seattle, WA 98101 (206) 224-7618 24 25 26 27 RULE 53 DECLARATION - 2 MICHELLE PETERSON LAW, PLLC 1420 FIFTH AVENUE, SUITE 2200 SEATTLE, WA 98101

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?