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H.B. v. Abbott Laboratories, Inc.

United States District Court, S.D. Illinois

July 5, 2017

H.B., a minor by STACY BARTOLINI individually and as parent of H.B., and JOHN BONNER Plaintiffs,
v.
ABBOTT LABORATORIES, INC., Defendant.

          ORDER

          NANCY J. ROSENSTENGEL, UNITED STATES DISTRICT JUDGE

         On April 5, 2017, the Court appointed the Honorable Judge Daniel Stack (Ret.) as special master for the Raquel, Sifuentes¸ Pyszkowski (E.P.), and Pyszkowski (C.P.) cases. The Raquel case proceeded to trial utilizing the Special Master for deposition designations with great success. At the June 30, 2017 status conference the Court advised the parties of the intent to appoint Judge Stack as Special Master in the Bartolini (15-CV-702) and Bonner (13-CV-326) cases. The parties expressed no objection with this proposal at the status conference. (Case No. 12-CV-52, Doc. 1011, pp. 5-6).

         I. Appointment of the Special Master

         With no objection to the Court's proposal to appoint The Honorable Daniel J. Stack (Ret.) as Special Master, the Court enters this Order of Appointment in the cases of Bartolini (15-CV-702) and Bonner (13-CV-326). Judge Stack's contact information is as follows:

The Honorable Daniel J. Stack
711 N. 11th St.
St. Louis, Missouri 63101 djstack@me.com
618-792-8604
http://aequitasadr.com/team/daniel-j-stack/

         This appointment is made pursuant to Federal Rule of Civil Procedure 53 and the inherent authority of the Court.[1] As Rule 53 requires, the Court sets out below the duties and terms of the Special Master and reasons for appointment and directs the Master to “proceed with all reasonable diligence.” Fed.R.Civ.P. 53(b)(2).

         II. Rule 53(b)(2)

         The following discussion sets forth the details of the appointment as required by Rule 53:

         A. Special Master's Duties

         Rule 53(a)(1)(A) states the Court may appoint a Special Master to “perform duties consented to by the parties.” In addition, Rule 53(a)(1)(C) states the Court may appoint a Special Master to “address pretrial and posttrial matters that cannot be effectively and timely addressed by an available district judge or magistrate judge of the district.” The Court has reviewed legal authority addressing the duties of a Special Master that are permitted under the Federal Rules of Civil Procedure and Article III of the Constitution.[2] Consistent with this legal authority and the currently-anticipated needs of the Court, and considering that the parties do not object, the Court holds that the Special Master shall have the authority to perform the following duties.[3]

         1. Initial Duties

         The Special Master's initial duties shall be as follows:

• Evaluate the parties' objections to deposition designations and make recommendations and reports to the Court on these objections.

         Given the fast approaching trial and often unexpected last minute filings, the Court reserves the right to expand the Special Master's duties as follows:

• Evaluate any motions in limine and provide the Court with formal and informal recommended rulings ...

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