IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
__________________________________________
)
IN RE: )
PROCEDURES TO GOVERN THE )
APPOINTMENT OF SPECIAL MASTERS )
TO HEAR DISCOVERY DISPUTES IN )
INTELLECTUAL PROPERTY CASES )
__________________________________________)
ORDER
WHEREAS, the Judges of this Court seek to effectively manage and reach the
prompt disposition of their cases; and
WHEREAS, the Judges of this Court have determined that it is necessary for the
prompt and efficient administration of justice in intellectual property cases to, inter alia,
manage discovery, conduct hearings on discovery disputes and rule on same, rule on non-
dispositive pretrial motions, and facilitate settlement; and
WHEREAS, the Court has the inherent authority to appoint Special Masters to
achieve these critically important goals, see also Rule 53 of the Federal Rules of Civil
Procedure, and 28 U.S.C. §§ 471-482 (1994) (Judicial Reform Act of 1990); and
WHEREAS, given this Court’s significant docket of complex intellectual
property cases and given that this Court’s Magistrate Judge is routinely scheduling
hearings and mediation calendars six to eight months out, the need to appoint Special
Masters to achieve these stated important goals is clear; and
WHEREAS, the procedure utilized for the appointment of Special Masters in
intellectual property cases should be efficient and therefore routinized;
NOW, THEREFORE, this 15th day of September, 2004, it is HEREBY
ORDERED:
1. Special Master Panel for Intellectual Property Cases.
(a). The Judges of the Court shall designate a panel of Special
Masters who meet the criteria contained in 1(b) (the “Special Master
Panel” or “Panel”). Panel members will serve at the pleasure of the
Judges of the Court.
(b) Persons seeking to be members of the Panel must submit a
letter requesting same. Said letter should state the regular hourly rates
charged by that person and others who may be assisting in the execution
of his/her duties and be accompanied by a Curriculum Vitae which
demonstrates the person’s experience, competence and acceptability to
serve.
(c) The Clerk of this Court shall establish and manage the
Panel. Vincent J. Poppiti, Esquire who, by Order dated September 15,
2004, was appointed to the Panel, is designated as the Special Master
Liaison to the Clerk of this Court. In this regard Mr. Poppiti will assist in
the development, execution and monitoring of, inter alia, the referral,
work flow and compensation processes.
2. Referral to Panel.
When, from time-to-time, Judges of this Court elect to appoint a
Special Master in an intellectual property case, the matter will be referred
to the Special Master Panel. In all cases referred to the Panel for
assignment of a Special Master, Mr. Poppiti shall make his
recommendation for same to the Judge presiding in the matter.
3. Order Appointing Master.
The Judge presiding in the matter will issue an Order of Reference
naming the Special Master, consistent with the provisions of Rule 53(b)(2)
of the Federal Rules of Civil Procedure.
4. Compensation, Costs and Expenses of the Special Master.
(a) Special Masters and others who may be assisting them in
the execution of their duties will be compensated at their normal hourly
rates.
(b) The compensation, costs and expenses of a Special Master
shall be allocated equally among the parties unless otherwise ordered by
the Court upon recommendation by the Special Master.
FOR THE COURT:
SUE L. ROBINSON
Sue L. Robinson
CHIEF JUDGE
