IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INRE:
PROCEDURES TO GOVERN THE
APPOINTMENT AND unLIZA nON
OF SPECIAL MASTERS IN COMPLEX
CIVIL CASES
ORDER
WHEREAS, the Judges of the Court seek to effectively manage and reach the prompt
disposition of their cases; and
WHEREAS, the Court has the inherent authority to appoint Special Masters to help
achieve these critically important goals (see Rule 53 of the Federal Rules of Civil Procedure and
28 U.S.C. §§ 471-82 (1994) [Judicial Reform Act of 1990]); and
WHEREAS, by Order dated June 11, 2011 (the "Procedures Order"), the Court
established procedures to govern the appointment of Special Masters in complex civil cases;
and
WHEREAS, the Procedures Order provided, inter alia, that the Judges of the Court shall
designate a panel of Special Masters whose members will serve at the pleasure of the Judges of
the Court; and
WHEREAS, by the Procedures Order, the Court appointed members to constitute the
Special Masters Panel ("Panel"); and
WHEREAS, the Procedures Order has been subsequently modified in relation to
the composition of the Panel; and
WHEREAS, the Judges of the Court have met and deemed it appropriate to make certain
revisions to the procedures used for the appointment of Special Masters;
NOW, THEREFORE, this vt~daY of December 2014, it is HEREBY ORDERED
that, effective immediately, the Procedures Order is VACATED. The following procedures shall,
until further notice, govern the appointment of, and referral of matters to, Special Masters:
1. All Panel members will serve a term of 4 years, unless otherwise specified.
2. Present Panel members shall serve the remainder of their present terms.
3. All Panel members serve at the pleasure of the Judges of the Court.
4. When the Court is considering appointing new Panel members, it will give notice of
that intent to the Bar, by posting a notice on the Court website. Persons seeking to be members of
the Panel may submit a letter to the Clerk of the Court requesting same. Said letter should state
the regular hourly rates charged by that person and others who may be assisting in the execution
ofhislher duties and be accompanied by a Curriculum Vitae which demonstrates the person's
experience, competence, and acceptability to serve.
5. The Clerk of the Court shall manage the Panel, including the referral and
assignment of matters to members of the Panel when a Judge of the Court elects to appoint a
Special Master in a complex case. A Special Master may reject a referral of a matter based on a
conflict-of-interest or for any other reason.
6 The Judge presiding in the matter will issue an Order Appointing Special Master,
naming the Special Master, consistent with the provisions of Rule S3(b)(2) of the Federal Rules
of Civil Procedure.
7. Special masters and others who may be assisting them in the execution of their
duties will be compensated at their normal hourly rates. Unless otherwise ordered by the Court
upon recommendation by the Special Master, the compensation, costs, and expenses of a Special
Master shall be allocated equally among the parties. However, the Special Master shall have the
discretion to reallocate the compensation, costs, and expenses if the circumstances require, e.g., if
any single party generates an inordinate number of dispute applications, or if a party's position in a
dispute is unreasonable.
& Nothing in this Order is intended to, nor shall be construed to, affect matters that
are presently pending before any Special Master. Special Masters shall retain jurisdiction over
all matters previously assigned to them until the conclusion of those matters.
