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Moussouris v. Microsoft Corporation

United States District Court, W.D. Washington, Seattle

May 2, 2017

KATHERINE MOUSSOURIS, et al., Plaintiffs,
v.
MICROSOFT CORPORATION, Defendant.

          ORDER APPOINTING SPECIAL MASTER

          JAMES L. ROBART United States District Judge

         Pursuant to Rule 53 of the Federal Rules of Civil Procedure and the terms of this order, the court appoints Michelle Peterson to serve as Special Master.

         1. Appointment and Scope.

         Pursuant to Rule 53(a)(1)(C) and the parties' agreement, the court appoints Michelle Peterson as Special Master to assist with Plaintiffs' motion to compel (Dkt. ## 145 (sealed), 147 (redacted)) and other matters as the court may assign after notice to the parties.

         2. No Grounds for Disqualification.

         Pursuant to Rules 53(a)(2) and 53(b)(3), the court attaches to this order the Special Master's declaration identifying any relationship to the parties, counsel, action, or court that would require disqualification of a judge under 28 U.S.C. § 455.

         3. Fairness Considerations.

         Pursuant to Rule 53(a)(3), the court considered the fairness of imposing the likely expenses on the parties and concludes that appointing a Special Master will materially advance the litigation in an efficient manner. The court will protect against unreasonable expense and delay through communication with the Special Master and the parties as appropriate.

         4. Notice.

         Pursuant to Rule 53(b)(1), the court provided notice to the parties of its intent to appoint a Special Master and provided an opportunity to be heard on the appointment. (See Dkt. # 187.) The parties have agreed to have Michelle Peterson serve as the Special Master. (Id.)

         5. Diligence.

         Pursuant to Rule 53(b)(2), the court directs the Special Master to proceed with all reasonable diligence.

         6. Special Master's Duties and Scope of Authority.

         Pursuant to Rule 53(b)(2)(A), the Special Master shall assist with certain matters, as the court may determine after notice to the parties. The Special Master shall have the authority provided in Rule 53(c), except that the Special Master may recommend but not issue sanctions, cf. Fed. R. Civ. P. 53(c)(2), and the Special Master may issue reports and recommendations but not orders, cf ...


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