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

Case 1:05-cv-00048-SLR Document 106 Filed 11/07/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HITACHI LTD. and UNISIA )
NORTH AMERICA, INC. }
Plaintiffs, i
v. i Civ. No. 05-048-SLR
)
1
BORGWARNER INC. and BORGWARNER )
MORSE TEC INC., )
Defendants. i
ORDER APPOINTING SPECIAL MASTER
WHEREAS, by Order dated September l5, 2004, the Court
ordered the establishment of a Special Master Panel for
intellectual property cases; and
WHEREAS, consistent with the goals and needs 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 qdh day of November, 2005, it is HEREBY
ORDERED that:
l. Collins J. Seitz, Jr. 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 address issues relating to the
parties' outstanding discovery disputes and rule on same.
3. The Special Master shall, after consulting with the

Case 1:05-cv-00048-SLR Document 106 Filed 11/07/2005 Page 2 of 4
parties, establish procedures for the handling of outstanding
discovery disputes. He shall have the duty and authority to
require the submission of reports, call conferences, and hold
hearings in order to determine the status of issues relating to
parties' outstanding discovery disputes, to issue orders
requiring the parties to adhere to case management dates set by
the Court. He shall hear, resolve and make rulings on all
disputes regarding outstanding discovery disputes and, when
appropriate, enter orders setting forth his rulings.
4. Except as otherwise ordered by the Special Master, the
filing, service and hearing of outstanding discovery dispute-
related motions shall be governed by Case Management and Standing
Orders and the Rules of this Court.
5. The Special Master shall hear matters promptly and at
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 this District’s Courthouse or at an appropriate
other place arranged by the parties, with the approval of the
Special Master. The party presenting a motion shall arrange for
a court reporter at the hearing and provide a copy of the
transcript to the Special Master thereafter. 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 eg parte with
a party without a consent of all of the parties. The Special

Case 1:05-cv-00048-SLR Document 106 Filed 11/07/2005 Page 3 of 4
master may communicate eg parte with the Court.
7. The Special Master shall preserve all materials he
receives or prepares in connection with any dispute regarding
outstanding 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. He and other persons assisting
the Special Master shall preserve and protect the confidentiality
of all such information and, if required to file any orders,
findings, opinions or materials that contain or make reference to
any such information (including, but not limited to, information
designated “Confidential," “For Attorneys Eyes Only" and/or
“Sensitive Superconfidential”), he shall file the same under
seal.
9. The Special master's rulings shall be subject to review
by the Court, consistent with Rule 53(Q)(3)—(5).
l0. 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

Case 1:05-cv-00048-SLR Document 106 Filed 11/07/2005 Page 4 of 4
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. ln this regard, if in the Special
Master’s opinion, a party engages in behavior which occasions the
waste of the Special Master's time and resources, or otherwise
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 as to matters of the Special Master's
compensation and/or expenses shall be presented to the Court in a
timely application.
as