Free Stipulation - District Court of Delaware - Delaware

Case 1:04-cv-01266-SLR -
Document 95 Filed O3/17/2005 Pag€1 Of 4
IN THE UNITED STATES DISTRICT COURT
FDR. THE DISTRICT OI? DELAWARE.
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ln re } Chapter ll
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TELEGLOBE COMMUNICATIONS CORPORATION, cr rtl, ) Jointly Administered
) Bankrr Case No O2~l l5 l 8 {MFW)
Debtots )
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TELEGLOBE COMMUNICATIONS CORPORATION, cr al , )
) CA No 04-CV~I26G (SLR)
Plaintiffs, )
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SCE INC, at ut., )
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Defendants., I
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§_"{_I_I_’_ULATED ORDER APPOINTING SYECIAL DISCOVERY MASTER
WHEREAS, on February I4, 2005, Plaintiffs tiled tt motion seeking wt order from the
Court appointing, a special discovery master;
WHEREAS, on March I, 2005, Defendants responded to that motion and consented to
the appointment of a special discovery master;
WHEREAS, the parties tltereaSer spoke to Collins I. Seitz, Ir. who areed to sewe, with
the Court’s permission, as the special discovery master in this matter;
IT IS HEREBY STIPULATED AND AGREED, subject to the approval of th Court,
tliat:
l. Collins I Seitz, Jr shall serve as the special discovery master in tire captioned
action.
2r As provided by Rule 53(cz), the Special Master shall have the authority to regulate
all proceedings and take all measures necessary to manage discovery, conduct bearings on
discovery disputes and rule ori the same,
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Case 1:04-cv-01266-SLR Document 95 Filed O3/17/2005 Page 2 of 4
3. The Special Master shall, after consulting with the parties, establish procedures
For the handling of discovery disputes, He shall have the authority to require the submission of
reports, call conferences, and hold hearings in order to detemtine 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 The tiling, service and hearing of discovery-related motions shall he determined
after consultation with the parties There shall be no limit on the number of such motions that
each party may submit to the Special Master for decision,
5i The Special Master shall hear matters promptly and at such times as may he
convenient, at the discretion of the Special Master, All hearings and conferences before the
Special Master shall be held in this Districts 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 hear the costs ot the court reporter and transcript
provided to the Special Master;
6 The Special Master shall not communicate ep; rg; with a party without the
consent of all of the parties. The Special Master may communicate _eM>;r, page 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 tile any
orders entered setting forth his rulings and any opinions prepared supporting his rulings
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Case 1:04-cv-01266-SLR Document 95 Filed O3/17/2005 Page 3 of 4
8. The Special Master may have access to trade secrets, proprietary infonnation or
other confidential inforrnation in this action including, but not limited to, inforrnation which may
be subject to a protective order I-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 rnalre reference to any such information (including, but not
limited to, intorinaticn designated "Contidential," "lior Attorneys Eyes Only" and/or "Highly
Confidential"), he shall tile the same under seal,
9. The Special Mastcrls rulings shall be subject to review by the Court, consistent
with Rule 53(g)(l) and (2), The Special Master’s factual findings will be reviewed for clear
error,. Pursuant to Rule 53(g)( law made or reconrnrendcd by the Special Master in accordance with Rule 53{g)(5), the Court
may set aside the Special Master’s rulings on procedural matters only for an abuse ofdiscretion.
l0. The Special Master shall he compensatecl for his services at his usual hourly rate,.
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 fashionr The compensation and expenses of the Special Master shall, unless otherwise
ordered by the Special Master, be shared equally by the parties in this regard, if in the Special
Master's opinion, a party engages in behavior which occasions the waste of the Special Masters
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 Masters
compensation, costs and expenses. Any objections or disputes as to matters of the Special
Masters compensation and/or expenses shall be presented tothe Court in a timely application
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Case 1:04-cv-01266-SLR Document 95 Filed O3/17/2005 Page 4 of 4
it · ill@,£l>“““” ·
Cm,} Gregory V, Verello (N o. 2242) Ke A. 9)
` ` C, Malcolm Cocl1re1t,IV (No. 2.377) lose li A., Ros t o. 234)
Richards, Layton & Finger, P A Rosenthal, Monheit, Gross & Goddess, PA.
One Rodney Square 1401 Mellon Bank Center
PO Box 551 P.O. Box 1070
Wilmington, Delaware l980l Wilmington, Delaware 1980}
(302) 6510*700 (302) 65644.33
veralio@rlf,com l COClUOH@I'if.COIH Attorneys for Official Committee of
Attomeys for Teleglolne Communications Unsecured Creditors of Teleglobe
Cotporetion, et ell Commtmicetions Corporation, et al.
Detecl: MOI'Di1E, 2005 Dated: Marclimm, 2005
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Pauline K., Morgan (No 365
YOUNG CONAWAY STARGATT &
TAYLOR, LLP
The Bznndywine Building
1000 West Street, 17th Floor
PO, Box 391
Wilmington, DE 19899
(302) 571~6600
pmo1··[email protected]
Attorneys tor BCE, Inc , et el.
Dated: March Q, 2005
ITIS SO ORDERED this __ clay of , 2005
United States District Court Chief Judge
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