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)

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THE HONORABLE JAMES L. ROBART

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KATHERINE MOUSSOURIS, HOLLY
MUENCHOW, and DANA PIERMARINI,
on behalf of themselves and a class of those
similarly situated,

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Plaintiffs,
v.
MICROSOFT CORPORATION,

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Defendant.

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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;

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RULE 53 DECLARATION - 1

MICHELLE PETERSON LAW, PLLC
1420 FIFTH AVENUE, SUITE 2200
SEATTLE, WA 98101

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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;

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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;

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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;

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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:

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(i)

Is a party to the proceeding, or an officer, director, or trustee of a
party;

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(ii)

Is acting as a lawyer in the proceeding;

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(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.

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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.

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MICHELLE PETERSON LAW, PLLC

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By

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Michelle Peterson, WSBA No. 33598
[e-mail]
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
[phone]

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RULE 53 DECLARATION - 2

MICHELLE PETERSON LAW, PLLC
1420 FIFTH AVENUE, SUITE 2200
SEATTLE, WA 98101