from docket 196

Parties shall meet and confer regarding appointment of a Special Master with motion to be filed by 3/26/2010, by Magistrate Judge Michael J. Watanabe on 2/24/2010.(mjwcd) (Entered: 02/24/2010)

The Role Of The Special Master

No matter the procedure used for aggregation, judges at both the federal and state level routinely appoint an aide, or “special master”, to be their eyes and ears (and gavels) in overseeing settlement administration. Oftentimes, the special master, rather than the parties, formulates the claims facility and claims processes, and may preside over individual claim determinations. 4ct. In federal court, these masters are appointed pursuant either to the settlement agreement itself or to Rule 53(1)(c), which provides for such appointments to “address pretrial and post-trial matters that cannot be addressed effectively and timely by an available district judge or magistrate judge of the distri” Typically, the judge will instruct the special master to consult with each side and submit an independent proposal for the design of any claims facility and the distribution, or mechanism of determining the distribution, of attorneys’ fees. The special master may then recommend the terms and conditions by which claimants file with, and are eligible to participate in, the settlement and provide oversight for the judge to ensure that claims are handled fairly and efficiency and that the settlement fund remains funded. Finally, special masters may serve as an internal appellate body, reviewing (or even making) determinations in individual claims.

EXAMPLE :

IT IS ORDERED BY THE COURT, pursuant to Fed. R. Civ. P. 53, that ....... is appointed Assistant Special Master to assist Magistrate Judge....... who will act as Special Master. The Special Master and Assistant Special Master shall proceed with all reasonable diligence to supervise the implementation, administration, and allocation of any Settlement and shall exercise their rights and responsibilities.