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Interior Electric Inc. Nevada v. T.W.C. Construction, Inc.
United States District Court, D. Nevada
January 2, 2020
INTERIOR ELECTRIC INCORPORATED NEVADA, a domestic corporation, Plaintiff,
T.W.C. CONSTRUCTION, INC., a Nevada corporation; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation; MATTHEW RYBA, an individual; GUSTAVO BAQUERIZO, an individual; CLIFFORD ANDERSON, an individual; POWER UP ELECTRIC COMPANY, a Nevada corporation, dba POWER ON ELECTRIC COMPANY; BAMM ELECTRIC LLC, a Nevada limited liability company; PROLOGIS, L.P., a Delaware limited partnership; AML PROPERTIES, INC., a Nevada corporation; AML DEVELOPMENT 3, LLC; a Nevada limited liability corporation; LAPOUR PARTNERS, INC., a Nevada corporation; DON FISHER, an individual; PHILCOR T.V. & ELECTRONIC LEASING, INC., a Nevada corporation, dba NEDCO; QED, INC., a Nevada corporation; TURTLE & HUGHES, Inc., a New Jersey corporation; DOES I-X, inclusive; and ROE CORPORATIONS I-X, inclusive, Defendants. T.W.C. CONSTRUCTION, INC., a Nevada corporation, Counterclaimant
INTERIOR ELECTRIC INCORPORATED NEVADA, a domestic corporation; INTERIOR ELECTRIC, INC., a California corporation; DOES I-X, inclusive; and ROE CORPORATIONS I-X, inclusive, Counterdefendants.
Marquis Aurbach Coffing Cody S. Mounteer, Esq. Nevada Bar No.
11220 Chad F. Clement, Esq. Nevada Bar No. 12192 Jared M.
Moser, Esq. Nevada Bar No. 13003 Collin M. Jayne, Esq. Nevada
Bar No. 13899, Law Offices of Philip A. Kantor, P.C. Philip
A. Kantor, Esq. Nevada Bar No. 6701 Attorneys for Interior
Electric Incorporated Nevada and Interior Electric
ORDER APPOINTING SPECIAL MASTER
considered the factors set forth in F.R.C.P. 53(a)(3), the
parties' representations concerning the Action and having
given the parties notice and an opportunity to be heard by
the Court, the Court hereby appoints Floyd A. Hale. Esq. of
JAMS, 3800 Howard Hughes Parkway, 11th Floor, Las Vegas, NV
89169, 702-457-5267, as Special Master in this Action.
Authority for and Scope of Appointment.
Special Master is appointed pursuant to F.R.C.P. 53(a)(1)(C)
to manage, supervise, and resolve issues related to or
arising out of discovery disputes concerning this Action, as
the Court finds pursuant to F.R.C.P. 53(a)(1)(C) that current
and anticipated discovery disputes between the parties have
arisen that the Court cannot timely address. In addition, the
Special Master may perform any additional duties consented to
by the parties and Court pursuant to F.R.C.P. 53(a)(1)(A).
Specific Issues Within Scope.
Court specifically orders that the Special Master shall be
empowered to resolve the non-dispositive discovery disputes,
including electronic discovery disputes, in this Action,
subject to objections being filed as detailed in subsection
1(b) below, concerning the scope of discovery currently
pending (as set forth in ECF Nos. 155, 157, 160, and 162) and
the anticipated future discovery disputes that may arise in
the Action. Pursuant to F.R.C.P. 53(a)(1)(C), the Court finds
that these matters cannot be effectively and timely addressed
by the Court.
Objecting to Discovery Decision.
party seeking review of a ruling of the Special Master shall
file objections to the District Judge in accordance with the
procedures and standards of review and timing set forth in
Fed.R.Civ.P. 72(a) for objecting to decisions by a Magistrate
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).
Timeframes for Completion of Certain Events.
otherwise agreed to by the parties and the Special Master,
the parties shall have an initial meeting with the Special
Master, in person or 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 a
hearing concerning the issues set forth in paragraph 1(a) of
this Order; (2) the parameters and procedures concerning the
aforementioned hearing; (3) the parameters and procedures
regarding discovery concerning Electronically Stored
Information; (4) the parameters and procedures concerning the
handling of future discovery disputes; and (5) the parameters
and suggestions to any alteration of the discovery schedule.
The Special Master shall issue his order and findings within
14 days of the completion of the hearing.
Ex Parte Communications.