United States District Court, E.D. Michigan, Southern Division
ORDER APPOINTING SPECIAL MASTER FOR RESOLVING
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
action concerns a complex intellectual property dispute
regarding computer software, including claims of patent
infringement, copyright infringement, and misappropriation of
upcoming expert discovery deadlines, the parties anticipate
needing a forum to present and resolve discovery issues in an
expedited manner. Following consultation with all parties,
the Court has concluded that it would benefit from the
appointment of a Special Master to efficiently address these
discovery disputes. The parties recognize the assistance that
a Special Master can provide, and they have jointly requested
that the Court appoint Mr. Larry Graham, 701 Fifth Avenue,
Suite 4800, Seattle, Washington, 98104, as the Special Master
for resolving discovery issues in this case.
this Order, the Court confirms the parties' selection of
Mr. Graham and appoints him Special Master pursuant to Rule
53. The Court makes this appointment pursuant to Federal Rule
of Civil Procedure 53 (“Rule 53”), and the
appointment is limited to the following protocol, which must
proceed with all reasonable diligence:
1. A party raising a discovery dispute will serve the other
party and Mr. Graham with a single-spaced letter of no more
than 3 pages (excluding attachments) explaining the discovery
dispute and the relief sought (“Opening Letter”).
The Opening Letter will not be filed with the Court.
2. Within 4 business days of receiving the Opening Letter, or
a different time upon agreement of the parties, the other
party will serve the party raising the dispute and Mr. Graham
with a single-spaced letter of no more than 3 pages
(excluding attachments) responding to the Opening Letter
(“Response Letter”). The Response Letter will not
be filed with the Court.
3. Promptly after receiving the Response Letter, Mr. Graham
shall schedule a teleconference for the parties and Mr.
Graham to discuss the discovery dispute.
4. Promptly after the teleconference, Mr. Graham will issue a
preliminary ruling on the discovery dispute
(“Preliminary Ruling”). This Preliminary Ruling
will not be filed with the Court and may be communicated to
the parties by e-mail.
5. Within two business days of receiving the Preliminary
Ruling, either party may inform Mr. Graham that it intends to
object to the Preliminary Ruling, together with a summary of
the party's objection (“Preliminary
6. Upon receiving a Preliminary Objection, Mr. Graham will
prepare and file with the Court a Rule 53 Report and
Recommendation concerning the discovery dispute. The Report
and Recommendation will attach as exhibits the Opening Letter
and the Response Letter. Alternatively, or in addition, Mr.
Graham may hold another teleconference in an attempt to
resolve the discovery dispute.
7. If a Report and Recommendation is filed by the Special
Master, the attached opening letter shall be deemed a motion
under the Federal Rules of Civil Procedure and the attached
response shall be deemed a response under those Rules. The
Report and Recommendation shall be styled as a recommendation
to grant or deny, in whole or in part, the Motion.
8. For purposes of clarity, the Special Master shall hear all
pending discovery motions, including Doc. Nos. 210 and 213.
meet-and-confer requirement of Local Rule 7.1 applies to all
discovery disputes presented to Mr. Graham, and certification
of compliance with ...