Lewis et al v. Wells Fargo & Co., No. 4:2008cv02670 - Document 84 (N.D. Cal. 2009)

Court Description: ORDER PROVIDING NOTICE OF AND OPPORTUNITY TO BE HEARD ON TENTATIVE DECISION TO APPOINT SPECIAL MASTER. Signed by Judge Claudia Wilken on 3/10/09. (cwlc1, COURT STAFF) (Filed on 3/10/2009)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 United States District Court For the Northern District of California 10 No. C 08-2670 CW MARTIN LEWIS and AARON COOPER, on behalf of themselves and a class of those similarly situated, ORDER PROVIDING NOTICE OF AND OPPORTUNITY TO BE HEARD ON TENTATIVE DECISION TO APPOINT SPECIAL MASTER 11 Plaintiffs, 12 v. 13 WELLS FARGO & CO., 14 Defendant. 15 / 16 The Court finds that the amount of judicial resources expended 17 adjudicating discovery disputes in this case constitutes 18 exceptional circumstances that warrant the appointment of a special 19 master to oversee discovery. The Court intends to order that the 20 cost of the special master s compensation shall be allocated at the 21 special master s discretion, including allocation of the cost of 22 the special master s compensation to the non-prevailing party upon 23 the resolution of a dispute. Pursuant to Federal Rule of Civil 24 Procedure 53(b)(1), the Court provides notice to the parties and an 25 opportunity to be heard on the appointment of a special master to 26 oversee discovery. The parties may file responses to this notice, 27 including suggestions of candidates for appointment, no later than 28 1 2 March 17, 2009 IT IS SO ORDERED. 3 Dated: March 10, 2009 4 CLAUDIA WILKEN United States District Judge 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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