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Faltermeier v. FCA U.S. LLC

United States District Court, W.D. Missouri, Western Division

August 18, 2016

DAVID FALTERMEIER, on behalf of himself and all others similarly situated, Plaintiff,
v.
FCA U.S. LLC, Defendant.

          ORDER APPOINTING SPECIAL MASTER

          GREG KAYS, CHIEF JUDGE.

         In the interests of efficiency, the Court appoints Judge Jeff W. Schaeperkoetter to serve as Special Master pursuant to Federal Rule of Civil Procedure 53 and the Court’s inherent power to seek assistance to administer the cases before it efficiently, economically, and in the interests of justice. See Fed. R. Civ. P. 53(a)(1)(A) (“[A] court may appoint a master only to . . . perform duties consented to by the parties. . . .”). Judge Schaeperkoetter has filed the affidavit required by Federal Rule of Civil Procedure 53(b)(3)(A) stating that there are no grounds for disqualification under 28 U.S.C. § 455 (Doc. 129-1).

         The appointment of the Special Master in this matter is necessary given the number of discovery disputes arising in this case. At a minimum, the Special Master shall:

1) Review and attempt to resolve discovery conflicts, including by hearing oral argument or holding an evidentiary hearing;
2) Assist the parties with overseeing and developing protocol for the most efficient production of documents and/or data;
3) Assist the parties with issues raised by electronically-stored data;
4) Have the authority to compel discovery;
5) Propose structures and strategies for settlement negotiations;
6) Require the parties to appear at one or more mediation sessions conducted by the Special Master or an outside mediator, as the Special Master determines is appropriate and helpful, at such times and places as the Special Master directs;
7) Require the parties to attend the mediation sessions with persons who have settlement authority;
8) Provide an accounting of information, as may be requested by the Court;
9) Impose sanctions permitted by Federal Rule of Civil Procedure 53(c)(2);
10) Provide the Court a recommendation for resolution of any disputes concerning his duties if the dispute cannot be resolved consensually.

         The parties must file any objections to the Special Master’s orders or recommendations, or motions to adopt or modify his recommendations, no later than seven days after the order or recommendation is filed on ECF. Any party who fails to object to an order or motion, or makes a motion to adopt or modify the Special Master’s recommendations, shall be considered to have accepted the Special Master’s recommendation. The Court will subsequently rule on the issues raised, and may adopt or affirm, modify, wholly or partly reject or reverse, or resubmit the matter to the ...


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