2:12-md-02311-MOB-MKM Doc # 792 Filed 08/29/14 Pg 1 of 6 Pg ID 11011
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`Master File No. 12-md-02311
`
` Judge Marianne O. Battani
`Magistrate Mona K. Majzoub
`
`))))))))))
`
`IN RE: AUTOMOTIVE PARTS
`ANTITRUST LITIGATION
`_________________________________
`
`THIS DOCUMENT RELATES TO:
`
`All Actions
`
`ORDER APPOINTING A MASTER
`
`The Court has determined that appointing a Master will facilitate the effective and
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`expeditious coordination and management of discovery related issues in these
`
`proceedings.
`
`Accordingly, IT IS HEREBY ORDERED, pursuant to Fed. R. Civ. P. 53, that
`
`Gene J. Esshaki is appointed as Master. He has filed the affidavit required by Fed. R.
`
`Civ. P. 53(b)(3)(A), stating that there are no grounds for disqualification under 28 U.S.C.
`
`§ 455. The Master shall proceed with all reasonable diligence in fulfilling his powers
`
`and duties as set forth below.
`
`I. MASTER’S POWERS AND DUTIES
`
`A. The Master’s powers and duties are limited to those specifically set forth
`
`herein. The Court retains sole authority to issue rulings on all matters submitted to it,
`
`unless otherwise agreed to by the parties and the Court.
`
`B. This Order shall apply to all cases that are currently part of In re Automotive
`
`Parts Antitrust Litigation and those cases that become part of In re Automotive Parts
`
`Antitrust Litigation in the future.
`
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`Master File No. 12-md-02311
`
` Judge Marianne O. Battani
`Magistrate Mona K. Majzoub
`
`))))))))))
`
`IN RE: AUTOMOTIVE PARTS
`ANTITRUST LITIGATION
`_________________________________
`
`THIS DOCUMENT RELATES TO:
`
`All Actions
`
`ORDER APPOINTING A MASTER
`
`The Court has determined that appointing a Master will facilitate the effective and
`
`expeditious coordination and management of discovery related issues in these
`
`proceedings.
`
`Accordingly, IT IS HEREBY ORDERED, pursuant to Fed. R. Civ. P. 53, that
`
`Gene J. Esshaki is appointed as Master. He has filed the affidavit required by Fed. R.
`
`Civ. P. 53(b)(3)(A), stating that there are no grounds for disqualification under 28 U.S.C.
`
`§ 455. The Master shall proceed with all reasonable diligence in fulfilling his powers
`
`and duties as set forth below.
`
`I. MASTER’S POWERS AND DUTIES
`
`A. The Master’s powers and duties are limited to those specifically set forth
`
`herein. The Court retains sole authority to issue rulings on all matters submitted to it,
`
`unless otherwise agreed to by the parties and the Court.
`
`B. This Order shall apply to all cases that are currently part of In re Automotive
`
`Parts Antitrust Litigation and those cases that become part of In re Automotive Parts
`
`Antitrust Litigation in the future.
`
`
`
`2:12-md-02311-MOB-MKM Doc # 792 Filed 08/29/14 Pg 2 of 6 Pg ID 11012
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`C. The Master shall work with all parties and, as appropriate, non-parties to
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`schedule and coordinate discovery and class certification matters in In re Automotive
`
`Parts Antitrust Litigation, as well as to assist in the resolution of any discovery disputes
`
`that arise in connection with these proceedings. The Master has authority to determine
`
`matters in addition to those specified in this order, as referred to him by the Court with
`
`the agreement of the parties. The Master has discretion to determine the timing and
`
`procedures for resolving scheduling and coordination of discovery and class certification
`
`disputes. That discretion shall be generally guided by the Federal Rules of Civil
`
`Procedure, the Court’s Local Rules, and the case management orders.
`
`D. In the first instance, the parties shall attempt to agree between and among
`
`themselves (and as needed, with non-parties) with respect to scheduling and
`
`coordination of discovery and other discovery-related issues. If the parties (and non-
`
`parties) are unable to agree on their own after a reasonable effort, then the scheduling
`
`or discovery dispute will be submitted to the Master, who shall have the power to act as
`
`a mediator to aid in resolving such disputes. If, after mediation, the parties (and non-
`
`parties) still are unable to reach agreement, or if the Master declares an impasse, the
`
`parties (and non-parties) shall present the dispute to the Master for resolution—orally,
`
`by letters or e-mail. The Master shall have the power and duty to decide the dispute by
`
`issuing an order. The Court retains the authority to decide any objection.
`
`E. The Master shall also have the power and duty to determine pretrial discovery
`
`motions. Any discovery matter that includes a filing in excess of 200 pages shall be
`
`delivered directly to the Master at 300 River Place, Suite 3000, Detroit, Michigan,
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`48207-4224.
`
` Any discovery
`
`filing 200 pages or
`
`less may be emailed
`
`to
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`2
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`
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`2:12-md-02311-MOB-MKM Doc # 792 Filed 08/29/14 Pg 3 of 6 Pg ID 11013
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`gjesshaki@abbottnicholson.com. All sealed documents shall be delivered directly to the
`
`Master.
`
`F. In performing the duties described above, the Master shall have the power to
`
`require the parties to appear in person or telephonically at one or more conferences,
`
`mediation sessions, or hearings. There is no requirement that any conference or
`
`mediation session be stenographically recorded; however, Judge Battani’s designated
`
`court reporter shall be present at any hearing before the Master. The court reporter
`
`shall make those transcripts available to the Master within 15 days of the hearing. Any
`
`party ordering the transcript shall be charged at the statutory rate.
`
`G. If the Master becomes aware that a discovery issue may have implications or
`
`applicability to cases other than the particular case in which the issue arose or that may
`
`have implications or applicability to parties other than the particular parties raising the
`
`issue, the Master shall have the discretion to advise other parties of the issue and to
`
`permit them to participate, on such terms as the Master may set, in the consideration of
`
`the issue and resolution of any dispute.
`
`H. Absent good cause, the Master shall provide an order for any dispute within
`
`15 business days of a hearing or the completion of briefing in the absence of a hearing.
`
`The Master’s order should be limited to the issues briefed in the parties’ written
`
`submissions and/or addressed in their oral arguments.
`
`II. JUDICIAL REVIEW OF RULINGS BY THE MASTER
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`A. After issuing an order, the Master shall reduce the order to writing and file it
`
`electronically on the case docket via Electronic Case Filing (“ECF”).
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`3
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`2:12-md-02311-MOB-MKM Doc # 792 Filed 08/29/14 Pg 4 of 6 Pg ID 11014
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`B. Pursuant to Fed. R. Civ. P. 53(f)(2), any party may file an objection to any
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`order of the Master with the Court within 21 days of the ECF filing date. Failure to meet
`
`this deadline results in waiver of any objection to the Master’s order, absent good cause
`
`shown. Motions for extensions of time to file objections will be granted only upon a
`
`showing of good cause. The Master may, however, provide in his order that the period
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`for filing objections is a period longer or shorter than 21 days if warranted under the
`
`circumstances. Responses to objections must be filed within 14 days.
`
`C. The Court shall review all objections to orders issued by the Master as
`
`provided in Fed. R. Civ. P. 53(f).
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`III. EX PARTE COMMUNICATION
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`A. The Master may communicate ex parte with the parties on purely
`
`administrative matters such as availability for hearing dates, or in seeking to mediate a
`
`dispute; however, the Master may not communicate ex parte with the parties regarding
`
`pending matters requiring an order by the Master, unless the parties have consented in
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`writing.
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`B. The Master may communicate ex parte with the Court on purely
`
`administrative matters.
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`IV. MAINTENANCE OF RECORDS
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`A. The Master shall treat all documents received in a manner that complies with
`
`the Federal Rules of Civil Procedure and the Court’s Local Rules and case
`
`management orders, including any applicable protective order.
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`4
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`2:12-md-02311-MOB-MKM Doc # 792 Filed 08/29/14 Pg 5 of 6 Pg ID 11015
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`B. The Master shall preserve billing records of time spent on this litigation, and
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`expenses incurred, with reasonably detailed descriptions of the activities worked on and
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`the expenses.
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`C. The Master shall preserve all documents that he generates or receives during
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`the pendency of this litigation, including, but not limited to, the documents provided by
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`the parties in connection with disputes requiring the Master to issue an order, until such
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`time that the Court grants permission to destroy the documents.
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`V. COMPENSATION
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`A. In appointing a Master, the Court has considered the fairness of imposing the
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`expenses on the parties and has taken steps to protect against unreasonable expense
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`or delay. Fed. R. Civ. P. 53(a)(3).
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`B. The Master shall be paid at his specified hourly rate for work done pursuant to
`
`this Order.
`
`C. All payments to the Master for work done in each case in In re Automotive
`
`Parts Antitrust Litigation pursuant to this Order, shall be allocated as set forth below.
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`D. The Master’s fees shall be divided equally: one-half shall be allocated equally
`
`to the moving party(s), and one-half shall be allocated equally to the responding
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`party(s).
`
`E. The Master shall submit monthly invoices for payment of the Master’s fees to
`
`the liaison counsel for the plaintiffs and to each defendant consistent with the allocation
`
`of fees set forth above, on the tenth day of the month following the month in which the
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`Master has provided services. All invoices provided by the Master shall itemize and
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`5
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`2:12-md-02311-MOB-MKM Doc # 792 Filed 08/29/14 Pg 6 of 6 Pg ID 11016
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`describe the services provided and the fees connected with those services. A courtesy
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`copy of the billing should be submitted directly to chambers.
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`F. Payment will be made to the Master by defendants and plaintiffs within 60
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`days of the submission of the invoices. Any objections to an invoice shall in the first
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`instance be presented to the Master. If the party making the objection and the Master
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`are unable to resolve the issue, within seven days of an impasse being reached the
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`objecting party shall present the objection to the Court for resolution. The objection
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`shall be filed under seal. The portion of the Master’s invoice to which no objection has
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`been lodged shall be paid without waiting for the Court’s decision.
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`IT IS SO ORDERED.
`
`Date: August 29, 2014
`
`s/Marianne O. Battani
`MARIANNE O. BATTANI
`United States District Judge
`
`The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their
`respective email addresses or First Class U.S. mail to the non-ECF participants on August 29, 2014.
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`CERTIFICATE OF SERVICE
`
`s/ Kay Doaks
`Case Manager
`
`6
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