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HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 167 - Order Appointing Special Mater W AffidavitIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 21-cv-02063-CNS-MEH CITY OF FORT COLLINS, Plaintiff/Counterclaim Defendant, v. OPEN INTERNATIONAL, LLC Defendant/Counterclaim Plaintiff, and OPEN INVESTMENTS, LLC, Defendant. ______________________________________________________________________________ ORDER APPOINTING MASTER ______________________________________________________________________________ Michael E. Hegarty, United States Magistrate Judge. I hereby APPOINT, pursuant to Fed. R. Civ. P. 53, Nancy E. Rice, Esq. to serve as Master for purposes of assisting me in making a determination of privilege. I have received and submitted to the Parties a Special Master’s Affidavit from Ms. Rice disclosing that she has found no material grounds for disqualification in this case under 28 U.S.C. § 455. I have determined that no grounds for disqualification exist. Fed. R. Civ. P. 53(a)(2). The Special Master’s Affidavit required by F.R.C.P. 53(b)(3)(A) has been executed and is filed contemporaneously with this Order. Case 1:21-cv-02063-CNS-MEH Document 167 Filed 01/17/23 USDC Colorado Page 1 of 3 I have engaged in email communications with the parties discussing this appointment. The Court received the parties’ positions, and they have agreed to this appointment. Thus, pursuant to Fed. R. Civ. P. 53(b)(1), I have given the parties notice and an opportunity to be heard on the proposed appointment of Ms. Rice. THEREFORE, IT IS HEREBY ORDERED THAT: 1. The Master shall review the parties’ submissions that have been made in this case. She may also ask for additional briefing on the privilege issues if she believes it necessary. 2. The Master shall review all allegedly privileged documents and, as to each, make a recommendation (with supporting reasoning) on whether such documents, or any of them, are privileged. 3. The parties shall not engage in any ex parte discussions with the Master, and the Master shall not engage in any ex parte discussions with the parties. The Master may engage in ex parte discussions with the Court. 4. The Court will retain sole jurisdiction to specifically enforce orders that it has entered or will enter. 5. The Court will decide de novo all objections to findings recommended by the Master. 6. The Master shall be reimbursed equally by the parties for all reasonable fees and expenses incurred. The Master shall be paid $500.00 per hour for work done pursuant to this Order. The Master shall bill the parties directly. Payment to the Master by the parties shall be due Case 1:21-cv-02063-CNS-MEH Document 167 Filed 01/17/23 USDC Colorado Page 2 of 3 upon receipt. The Court may impose sanctions against any party who fails or refuses to pay the fees and expenses assessed by the Master. 7. This Order may be amended at any time upon notice to the parties and an opportunity to be heard. Dated at Denver, Colorado, this 17th day of January, 2023. BY THE COURT: Michael E. Hegarty United States Magistrate Judge Case 1:21-cv-02063-CNS-MEH Document 167 Filed 01/17/23 USDC Colorado Page 3 of 3 Case 1:21-cv-02063-CNS-MEH Document 167-1 Filed 01/17/23 USDC Colorado Page 1 of 2 Case 1:21-cv-02063-CNS-MEH Document 167-1 Filed 01/17/23 USDC Colorado Page 2 of 2