United States District Court, D. Nevada
Goodhart (Bar No. 5332) THORNDAL, ARMSTRONG, DELK BALKENBUSH
& EISINGER Merril Hirsh (admitted pro hac vice) LAW
OFFICE OF MERRIL HIRSH PLLC Frederick J. Morgan (admitted pro
hac vice) Jennifer M. Verkamp (admitted pro hac vice) Sonya
A. Rao (admitted pro hac vice) Ian M. Doig (admitted pro hac
vice) MORGAN VERKAMP LLC Attorneys for Plaintiff-Relator
J. Pisanelli, Esq. Nevada Bar No. 4027 PISANELLI BICE, PLLC
R. Jeffrey Layne, Esq. (admitted pro hac vice) REED SMITH LLP
Attorneys for Defendants HealthSouth Corp. And HealthSouth of
W. Selden (admitted pro hac vice) Birmingham, AL 35203
Kimberly B. Martin (admitted pro hac vice) Attorneys for
Defendant Kenneth Bowman
ORDER APPOINTING DAVID M. TENNER AS SPECIAL
HONORABLE CAM FERENBACH UNITED STATES MAGISTRATE JUDGE.
considered the factors set forth in F.R.C.P. 53(a)(3), the
parties' Joint Stipulation Concerning the Appointment of
a Special Master (Doc. 189), and having given the parties
notice and an opportunity to be heard, the Court hereby
appoints David M. Tenner of Ridley, McGreevy, & Winocur,
P.C., 30316th Street, Suite 200, Denver, Colorado, 80203,
(303) 629-9700, as Special Master in this matter.
Authority for and Scope of Appointment.
Special Master is appointed pursuant to F.R.C.P. 53(a)(1)(C)
to resolve certain issues related to or arising out of
discovery disputes concerning matters that the Court,
pursuant to F.R.C.P. 53(a)(1)(C), finds cannot be effectively
and timely addressed by the Court and so orders. In addition,
the Special Master may perform any additional duties
consented to by the parties and Court pursuant to F.R.C.P.
(a) Specific Issues Within Scope. The Court
specifically orders that the Special Master shall resolve the
disputes concerning the scope of discovery (as set forth in
Doc. Nos. 180, 181, and 192, which incorporate the
parties' positions set forth in Doc. Nos. 161, 162, and
163) and new case deadlines (as set forth in Doc. 179).
Pursuant to F.R.C.P. 53(a)(1)(C), the Court finds that these
matters cannot be effectively and timely addressed by the
Special Master's Duties and Authority.
Special Master shall proceed with all reasonable diligence to
undertake these responsibilities with a view to avoiding
disputes wherever possible and where disputes arise, to
resolve them as quickly and inexpensively as possible. The
Special Master shall have all of the authority provided to
masters as set forth in F.R.C.P. 53(c), including the power
to sanction as set forth in F.R.C.P. 53(c)(2).
(a) Timeframes for Completion of Certain Events:
Unless otherwise agreed to by the parties and the Special
Master, the parties shall have an initial meeting with the
Special Master, by telephone, within 14 days of the issuance
of this Order. During that initial meeting, the parties and
the Special Master shall (1) set a date for an evidentiary
hearing concerning the issues set forth in paragraph 1(a) of
this Order; and (2) the parameters and procedures concerning
the aforementioned hearing. The Special Master shall issue
his order and findings within 30 days of the completion of
Ex Parte Communications.
(a) With the Court. The Special Master may have
ex parte communications with the Court regarding (1)
whether or not a particular dispute or motion is subject to
the scope of the Special Master's duties; (2) assisting
the Court with procedural matters, such as apprising the
Court regarding logistics, the nature of the Special
Master's activities, and management of the litigation;
(3) any matter upon which the parties or their counsel have
consented; (4) the application of F.R.C.P. 53; and (5) any
matter, the subject of which is initiated by the Court.
(b) With the Parties and Counsel. The Special Master
may have ex parte communications with the parties or
their respective counsel regarding (1) purely procedural or
scheduling matters; (2) resolution of privilege or similar
questions, in connection with in camera inspections,
and with notice to the other ...