Case 1:15-cv-00311-RGA Document 84 Filed 02/18/16 Page 1 of 4 PageID #: 2057
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELA WARE
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`ACCELERATION BAY LLC,
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`Plaintiffs,
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`v.
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`Civil Action No. 15-228-RGA
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`ACTIVISION BLIZZARD INC.,
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`Defendant.
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`ACCELERATION BAY LLC,
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`Plaintiffs,
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`v.
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`ELECTRONIC ARTS INC.,
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`Defendant.
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`ACCELERATION BAY LLC,
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`Plaintiffs,
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`Civil Action No. 15-282-RGA
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`v.
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`Civil Action No. 15-311-RGA
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`TAKE-TWO INTERACTIVE
`SOFTWARE INC., et al.,
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`Defendants.
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`ORDER APPOINTING SPECIAL MASTER
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`WHEREAS, by order dated February 12, 2016, the Court revised the scope and
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`administration of the Special Master Panel for complex cases; and
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`WHEREAS, consistent with the goals and needs expressed in the referenced order, the
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`Court concludes that the appointment of a Special Master is warranted in the above-captioned
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`Case 1:15-cv-00311-RGA Document 84 Filed 02/18/16 Page 2 of 4 PageID #: 2058
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`case;
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`NOW THEREFORE, this J! day of February, 2016, it is HEREBY ORDERED that:
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`1. Scope of duties. Allen Terrell, Esquire, is appointed as Special Master to manage
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`discovery.
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`2. Discovery. As required by Rule 53(b)(2) of the Federal Rules of Civil Procedure, Mr.
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`Terrell shall proceed with all reasonable diligence and, as provided by Rule 53(c), shall have the
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`authority to regulate all proceedings and take all measures necessary to address issues relating to
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`the parties' discovery disputes and rule on same.
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`3. Discovery disputes. Mr. Terrell shall, after consulting with the parties, establish
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`procedures for the handling of discovery disputes. He shall have the duty and authority to require
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`the submission of reports, call conferences, and hold hearings in order to determine the status of
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`issues relating to discovery and to issue orders requiring the parties to adhere to case
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`management dates set by the Court. He shall hear, resolve and make rulings on all disputes
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`regarding discovery and, when appropriate, enter orders setting forth his rulings.
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`a. With respect to discovery motions, 1 all such motions (but not the related
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`briefing and appendices, if any) shall be filed with the Court.
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`b. With respect to hearings and conferences, they shall be held in this District's
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`Courthouse or other appropriate place arranged by Mr. Terrell or by the parties, with the approval
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`of Mr. Terrell. If the Courthouse is used, Mr. Terrell shall arrange for a courtroom through the
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`Clerk's Office (Beth Mason at 302.573.6170).
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`c. Absent agreement among the parties, all hearings shall be transcribed by a
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`10nly the formal motion itself must be docketed with the Court. All other discovery
`materials should be lodged only with Mr. Terrell, consistent with if 6 infra.
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`2
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`Case 1:15-cv-00311-RGA Document 84 Filed 02/18/16 Page 3 of 4 PageID #: 2059
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`certified court reporter. Mr. Terrell may arrange for a court reporter through Leonard Dibbs, at
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`302.573.6195, who shall be given one week's notice of any scheduled hearings absent emergency
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`circumstances. Absent an order by Mr. Terrell, the parties shall bear equally the costs of the
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`court reporter and transcript.
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`d. Mr. Terrell shall preserve all materials he receives or prepares in connection
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`with any dispute regarding discovery. He shall not be required to file any such materials with the
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`Court, unless directed to do so by the Court, except that the following shall be filed: (1) any
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`transcripts that contain her/his rulings from the bench; (2) orders entered setting forth his rulings;
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`and (3) any opinions prepared supporting his rulings. All such papers shall be filed with the
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`Court through Mr. Terrell and docketed by chambers staff.
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`4. Ex parte communications. Mr. Terrell shall not communicate ex parte with a party
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`without the consent of all parties. He may communicate ex parte with the Court.
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`5. Confidential information. Mr. Terrell may have access to trade secrets, proprietary
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`information or other confidential information in this action including, but not limited to,
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`information which may be subject to a protective order. Mr. Terrell and other persons assisting
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`him shall preserve and protect the confidentiality of all such information and, if required to file
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`any orders, findings, opinions or materials that contain or make reference to any such information
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`(including, but not limited to, information designated "Confidential," "For Attorneys Eyes Only"
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`and/or "Sensitive Superconfidential"), he shall file the same under seal.
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`6. Appeals. Mr. Terrell's rulings shall be subject to review by the Court, consistent with
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`Rule 53(f). In this regard, unless otherwise ordered: (a) the parties may serve, file and docket
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`with the Court specific written objections (and responses thereto) to any of Mr. Terrell's rulings;2
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`(b) the objections shall be filed no later than 21 days after being served with a copy of the ruling,
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`2Counsel shall docket using the "objections" and "response to objections" docket events.
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`3
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`Case 1:15-cv-00311-RGA Document 84 Filed 02/18/16 Page 4 of 4 PageID #: 2060
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`and the responses thereto shall be filed within ten (10) days after being served with a copy of the
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`objections; (c) the objections and responses to the objections are limited to ten (10) pages each;
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`and (d) the parties must serve, file and docket with the Court (as well as provide to the Judge to
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`whom the case is assigned a courtesy copy of) any relevant portion of the record made before
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`Mr. Terrell which pertains specifically to the objections.3
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`7. Compensation. Mr. Terrell shall be compensated for his services at his usual hourly
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`rate. Others assisting her/him shall be compensated at their usual hourly rates. Mr. Terrell shall
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`send itemized statements for services and expenses directly to counsel for the parties on a monthly
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`basis, and shall receive payment directly from counsel for the parties in a timely fashion. The
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`compensation and expenses of Mr. Terrell shall, unless otherwise ordered, be shared equally by
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`the parties (that is, 50% by Plaintiff and 50% by Defendant(s)). In this regard, if (in Mr. Terrell's
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`opinion) a party engages in behavior which occasions the waste of his time and resources, or
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`otherwise hinders the efficient resolution of matters before him, that party may be apportioned all
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`or a larger portion of Mr. Terrell's compensation, costs, and expenses. Any objections or disputes
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`as to Mr. Terrell's compensation, costs, and/or expenses shall be presented to the Court in a
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`timely application.
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`3Counsel shall docket separately as an appendix using the "appendix" docket event.
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`4