Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 As discussed at the status hearing on June 29, 2006, pursuant to Rule 53 of the Federal 17 Rules of Civil Procedure, the Court appoints Mr. Gale Peterson as special master regarding 18 pretrial matters involving infringement of U.S. Patent No. 6,013,096 (the "'096 Patent"). Mr. 19 Peterson previously submitted his Rule 53 affidavit with this Court. 20 Accordingly, 21 IT IS HEREBY ORDERED that all pretrial matters involving infringement of the '096 22 Patent are referred to the special master for report and recommendation to the Court. 23 IT IS FURTHER ORDERED the special master is empowered to accept motions, hear 24 evidence, conduct hearings, and take any necessary and appropriate action for the efficient 25 and just performance of the assigned duties of special master in accordance withe Rule 53(c) 26 and (d) of the Federal Rules of Civil Procedure. The special master may conduct oral 27 hearings and meetings at a location(s) of the special master's choice after consultation with 28
Case 2:02-cv-02036-MHM Document 333 Filed 07/18/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Erchonia Medical Inc., an Arizona) ) corporation, et al., ) ) Plaintiff, ) ) vs. ) ) ) Miki Smith, et al., ) ) Defendant. ) )

No. CIV-02-2036-PHX-MHM Consolidated with No. CIV-02-2048-PHX-MHM No. CIV-02-2353-PHX-MHM ORDER

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the parties. It is within the discretion of the special master to use law clerks and/or paralegals. IT IS FURTHER ORDERED that any Motion on the infringement issue shall be filed no later than July 21, 2006. Any Response will be filed no later than August 4, 2006 and any Reply will be filed no later than August 11, 2006. The special master shall confer with the parties to arrange a schedule for any additional briefing, hearings, and other matters. Copies of all papers filed with the special master shall also be filed simultaneously with the Clerk of the Court and served pursuant to applicable federal rules. Forwarding letters or informal communications need not be filed but shall be served on the opposing party. IT IS FURTHER ORDERED the special master's report and recommendation shall be subject to review by the Court upon application of any party. Written objections must be submitted in accordance with Rule 53(g) of the Federal Rules of Civil Procedure. A response may be submitted no later than ten (10) days after any objections are served. The objections and responses must be specific, concise, and supported by a memorandum of points and authorities. The deadline for filing objections and a response may be extended upon motion for good cause shown. IT IS FURTHER ORDERED the special master shall keep detailed records of all time and expenses. The special master shall render detailed monthly bills for all fees and expenses at the same rates ordinarily charged clients for similar services. Plaintiffs and Defendants shall each pay one-half of these costs pending final resolution of the case. The special master will send itemized statements to the parties on a monthly basis. All statements shall be paid within thirty (30) days. The special master fees and expenses will be taxed as court costs at the conclusion of the matter. DATED this 17th day of July, 2006.

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