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Message: PACER: Special Masters Order Recommended Discovery Order No. 2.. 2-24-12

Ron's take:

Re 20 day IC amendment by TPL...BaNos and all...

posted on Feb 28, 12 02:52PM Use the IP Check tool [?]

My recollection, corrections welcome, is that the proposed order from the Special Master as to the amendment period specifies 20 days from the time the order becomes final, which I believe means from the time it is signed by the Judge. The SM's order also states that either side my object within 10 days, which would be from the date of the order itself.

Here's the way it works. First, we must wait the initial 10 days to see if either side objects, because if that occurs, then the issue goes to the Judge and it is he who will ultimately decide whether TPL is allowed to amend --- in that event, the 20 days proposed by the SM for amendment will no longer be applicable, pending the decision from the Judge on the objection. Subsequently, if the Judge agrees with the findings of the SM, he will sign the actual (not proposed) order for amendment, and the 20 days when then start to run.

The bottom line is that TPL won't be filing any amendments until we know whether an objection is made. And by the way, there is a special method under the Federal Rules of Civil Procedure for calculating "10 day" periods, so "day one" doesn't necessarily begin on the day the SM issued his proposed order.

Assuming no objection is filed, this is actually a good thing, since it would provide more than 20 calendar days from the SM's proposed order in which TPL can be working on its amendments. As always, we shall see.

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