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.
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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
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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
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