Free Order Referring Case to Special Master - District Court of Delaware - Delaware

Case 1:04-cv-01256-JJF Document 77 Filed 02/08/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: :
: Chapter 11
NORTHWESTERN CORPORATION, :
: Bankruptcy Case No. 03-12872
Debtor. :
MAGTEN ASSET MANAGEMENT CORP. :
Suing individually and :
derivatively on behalf of CLARK :
FORK AND BLACKFOOT, LLC, :
Plaintiff, :
: Civil Action No. 04-1256-JJF
V. :
PAUL HASTINGS JANOFSKY & WALKER :
LLP, :
Defendant. :
MAGTEN ASSET MANAGEMENT CORP. and :
LAW DEBENTURE TRUST COMPANY OF :
NEW YORK, :
Plaintiffs, :
: Civil Action No. O4—1494—JJF
v. :
NORTHWESTERN CORPORATION, :
Defendant. :
MAGTEN ASSET MANAGEMENT CORP., :
Plaintiff, :
v. : Civil Action N0. 05-499-JJF
MIKE J. HANSON and ERNIE J. :
KLINDT, :
Defendants. :
ORDER APPOINTING SPECIAL MASTER
WHEREAS, by Order dated September 15, 2004, the Court

Case 1:04-cv-01256-JJF Document 77 Filed 02/08/2006 Page 2 of 4
established a Special Master Panel; and
WHEREAS, consistent with the requirements expressed in the
referenced Order, the Court concludes that the appointment of a
Special Master is warranted in the above—captioned case;
NOW THEREFORE, this _j§i day of February, 2006, it is HEREBY
ORDERED that:
1. John James, Esquire is appointed as Special Master.
2. As required by Rule 53(b)(2), the Special Master shall
proceed with all reasonable diligence and, as provided by
Rule 53 (c), shall have the authority to regulate all proceedings
and take all measures necessary to manage discovery, conduct
hearings on discovery disputes and rule on same.
3. The Special Master shall, after consulting with the
parties, establish procedures for the handling of discovery
disputes. The Special Master shall have the duty and authority to
require the submission of reports, call conferences, and hold
hearings in order to determine the status of discovery, to issue
orders requiring the parties to adhere to discovery and case
management dates set by the Court. He shall hear, resolve and
make rulings on all disputes regarding discovery and, when
appropriate, enter orders setting forth his rulings.
4. Except as otherwise ordered by the Special Master, the
filing, service and hearing of discovery—related motions shall be
governed by the Rules of this Court.
5. The Special Master shall hear matters promptly and at

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such times as may be convenient, at the discretion of the Special
Master. All hearings and conferences before the Special Master
shall be held in the J. Caleb Boggs Federal Building or at an
alternate location approved by the Special Master. The party
presenting a motion shall arrange for a court reporter to
transcribe the proceeding. A copy of the transcript shall be
provided to the Special Master, if requested. The parties shall
equally bear the costs of the court reporter and transcript
provided to the Special Master.
6. The Special Master shall not communicate gg pargg with
a party without a consent of all of the parties. The Special
master may communicate eg pgrgg with the Court.
7. The Special Master shall preserve all materials
received or issued in connection with any dispute regarding
discovery. He shall not be required to file any such materials
with the Court, unless directed to do so by the Court, except
that he shall file any orders entered setting forth his rulings
and any opinions prepared supporting his rulings.
8. The Special Master may have access to trade secrets,
proprietary information or other confidential information in this
action including, but not limited to, information which may be
subject to a protective order. The Special Master and those
persons him shall preserve and protect the confidentiality of all
such information.
9. The rulings of the Special master shall be subject to
review by the Court, consistent with Rule 53(g)(3)—(5).

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10. The Special Master shall be compensated for his
services at his usual hourly rate. Others assisting the Special
Master shall be compensated at their usual hourly rates. The
Special Master shall send statements for services and expenses
directly to counsel for the parties on a monthly basis, and shall
receive payment directly from counsel for the parties in a timely
fashion. The compensation and expenses of the Special Master
shall, unless otherwise ordered by the Special Master, be shared
equally be the parties. In this regard, if in the Special
Master’s opinion, a party engages in behavior that hinders the
efficient resolution of matters before the Special Master, that
party may be apportioned all or a larger portion of the Special
Master’s compensation, costs and expenses. Any objections or
disputes regarding compensation and/or expenses of the Special
Master shall be presented to the Court in a timely application.
Jos ` J FA AN, " '
United States District Judge