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

Case 1:04-cv-01324-JJF-LPS Document 106 Filed 09/26/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THOMAS A. EAMES, ROBERTA L. )
EAMES, and TAMMY EAMES, on behalf )
of themselves and all others similarly )
situated, )
Plaintiffs, g
v. g Civil Action No. 04-1324-KAJ
NATIONWIDE MUTUAL INSURANCE g
COMPANY, )
Defendant. g
ORDER APPOINTING SPECIAL DISCOVERY MASTER
WHEREAS, the Court concludes that the appointment of a Special Master is
warranted in the above-captioned case and the parties have been consulted as to
whom would be an appropriate individual to serve in that capacity;
NOW THEREFORE, this 26"" day of September, 2005, it is HEREBY ORDERED
that:
1. James W. Semple 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. He shall have the duty and authority
to require the submission of reports, call conferences, and hold hearings in order to

Case 1:04-cv-01324-JJF-LPS Document 106 Filed O9/26/2005 Page 2 of 4
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 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 g ;@ with a party without
the consent of all ofthe parties. The Special master may communicate Q parte with
the Court.
7. The Special Master shall preserve all materials he receives or prepares 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.
2

Case 1:04-cv-01324-JJF-LPS Document 106 Filed 09/26/2005 Page 3 of 4
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. l-le 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
“ConfidentiaI," "For Attorneys Eyes OnIy" 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(g)(3)-(5).
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 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,
3

Case 1:04-cv-01324-JJF-LPS Document 106 Filed O9/26/2005 Page 4 of 4
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.
x AV
Q .x · ’ ‘*·\
n u sw-xr s DGE
4