City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation et al

Filing 991

MEMORANDUM OPINION AND ORDER directing that the parties have until 9/22/2020 to lodge any objection or otherwise respond to the possible appointment of Judge Wilkes as a special master as outlined herein. Signed by Senior Judge David A. Faber on 9/18/2020. (cc: counsel of record who have registered to receive an electronic NEF; Special Master Wilkes) (jsa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
THE CITY OF HUNTINGTON,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-01362

AMERISOURCEBERGEN DRUG
CORPORATION, et al.,
Defendants.
________________________________
CABELL COUNTY COMMISSION,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-01665

AMERISOURCEBERGEN DRUG
CORPORATION, et al.,
Defendants.
________________________________
MEMORANDUM OPINION AND ORDER
By Order entered March 9, 2020, the court appointed the
Honorable Christopher C. Wilkes as Special Master to assist with
discovery matters in these cases.

See ECF No. 200.

The court is

considering appointing Judge Wilkes as Special Master to aid in
resolving certain pretrial motions that have been filed and are
expected to be filed in this matter.

Specifically, the court is

considering appointing Judge Wilkes to consider all pretrial
motions except for motions for summary judgment, motions in
limine, and Daubert motions.

Any order entered for this purpose

would include similar conditions as the earlier Order of
Appointment.

Federal Rule of Civil Procedure 53(b)(1) requires

that “[b]efore appointing a master, the court must give the
parties notice and an opportunity to be heard.”
For this reason, the parties have until September 22, 2020,
to lodge any objection or otherwise respond to the possible
appointment of Judge Wilkes as a special master as outlined
herein.
The Clerk is directed to send copies of this Memorandum
Opinion and Order to those counsel of record who have registered
to receive an electronic NEF and to Special Master Wilkes.
IT IS SO ORDERED this 18th day of September, 2020.
ENTER:

David A. Faber
Senior United States District Judge

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