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

Case 1:04-cv—00858-SLR Document 169 Filed 05/19/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LML PATENT CORPORATION, )
Plaintiff, g
v. g Civ. No. 04-858 SLR
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TELECHECK SERVICES, INC. )
ELECTRONIC CLEARING HOUSE, )
INC., XPRESSCHEX, INC., and )
NOVA INFORMATION SYSTEMS, }
imc. , )
Defendants. 5
ORDER APPOINTING SPECIAL MASTER
WHEREAS, by Order dated September 15, 2004, the court
ordered the establishment of a Special Master Panel for
intellectual property cases; and l
WHEREAS, consistent with the goals and needs expressed in i
the referenced Order, the court concludes that the appointment of
a Special Master is warranted in the above—captioned case;
NOW THEREFORE, this ]qw~day of May, 2005, it is HEREBY {
ORDERED that: i
1. Louis C. Bechtle is appointed as Special Master. Q
2. As required by Rule 53(b)(2), the Special Master shall d
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 address issues relating to the g
parties' privilege logs and rule on same. i
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Case 1 :04-cv—00858-SLR Document 169 Filed 05/19/2005 Page 2 of 4
3. The Special Master shall, after consulting with the
parties, establish procedures for the handling of privilege logs.
He shall have the duty and authority to require the submission of
reports, call conferences, and hold hearings in order to
determine the status of issues relating to parties' privilege
logs, to issue orders requiring the parties to adhere to case
management dates set by the court. He shall hear, resolve and
make rulings on all disputes regarding privilege logs and, when
appropriate, enter orders setting forth his rulings.
4. Except as otherwise ordered by the Special Master, the
filing, service and hearing of privilege log—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 z
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 H
provided to the Special Master.
6. The Special Master shall not communicate gg pargg with I
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Case 1 :04-cv—00858-SLR Document 169 Filed 05/19/2005 Page 3 of 4
a party without a consent of all of the parties. The Special
master may communicate gg pargg with the court.
7. The Special Master shall preserve all materials he
receives or prepares in connection with any dispute regarding
privilege logs. 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.
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. He 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 A
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designated “Confidential," “For Attorneys Eyes Only" and/or %
“Sensitive Superconfidential”), he shall file the same under 1
seal. i
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 f
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Case 1 :04-cv—00858-SLR Document 169 Filed 05/19/2005 Page 4 of 4
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, 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.

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