`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`IN RE NEO WIRELESS, LLC
`PATENT LITIG.
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`
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`2:22-MD-03034-TGB
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`HON. TERRENCE G. BERG
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`
`ORDER APPOINTING
`TECHNICAL ADVISOR
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`On September 16, 2022, the parties participated in a scheduling
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`conference and jointly proposed Scott E. Woloson, Esq. to be appointed as
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`technical advisor in this multidistrict patent infringement litigation.
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`Pursuant to Rule 53 of the Federal Rules of Civil Procedure, and the
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`Court’s inherent authority, the Court orders as follows:
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`1.
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`Scott E. Woloson is hereby appointed as technical advisor in
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`this matter. Considering his appropriate background and qualifications,
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`and in view of the parties’ agreement, the Court is satisfied that Mr.
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`Woloson’s appointment pursuant to the terms of this Order would assist
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`the Court in this complex patent case. Mr. Woloson’s contact information
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`is as follows:
`Mr. Scott Woloson
`Law Office of Scott Woloson
`1431 Wirt Road #141
`Houston, TX 77055
`Phone: 281-352-9878
`E-mail: scott@scottwolosonlaw.com
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`
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`1
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`
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`Case 2:22-md-03034-TGB ECF No. 89, PageID.2725 Filed 10/13/22 Page 2 of 3
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`2.
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`The parties shall send courtesy copies of any motions, briefs,
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`exhibits and technology tutorials when such documents are filed on the
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`docket, in PDF form, to the email address above. If requested by Mr.
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`Woloson, the parties shall send courtesy copies of any motions, briefs,
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`exhibits and technology tutorials in paper form, double-sided, in a three-
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`ring binder, with tabbed exhibits to the address above. If the document
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`was filed with the Court, the copy must include the CM/ECF header.
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`3.
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`As technical advisor, Mr. Woloson shall act as a confidential
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`advisor to the Court with regard to matters requiring technical expertise.
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`Mr. Woloson will assist the Court with technical issues related to any
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`motions, such as motions for summary judgment, Daubert motions, and
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`claim construction. Mr. Woloson may also assist the Court at trial and
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`with post-trial motions. Because a technical advisor serves essentially as
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`a law clerk to the Court and will be familiar with technical issues in this
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`case, Mr. Woloson may also assist the Court in drafting orders. In
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`addition, the Court may direct Mr. Woloson to meet and confer with the
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`parties in an effort to resolve any dispute or motion without formal
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`adjudication, and to facilitate settlement of the litigation. Mr. Woloson
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`may also serve as mediator to the extent the parties agree to use him in
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`that capacity. Mr. Woloson shall have no power to issue any order or
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`make any binding decision.
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`4.
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`Taking into account all of the factors and requirements set
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`forth in Rule 53(g), the Court finds that an appropriate rate of
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`2
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`Case 2:22-md-03034-TGB ECF No. 89, PageID.2726 Filed 10/13/22 Page 3 of 3
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`compensation for Mr. Woloson is $475 per hour and reimbursement for
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`reasonable and necessary expenses.1 One-half of Mr. Woloson’s fees and
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`expenses shall be paid by Plaintiff, and one-half shall be paid by
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`Defendants, subject to eventual shifting if the Court finds that to be
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`appropriate. Mr. Woloson will provide timely bills for all fees and
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`expenses to counsel for the parties monthly, and counsel shall take
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`responsibility for prompt payment by their respective clients within 45
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`days of receiving each invoice. Any dispute regarding Mr. Woloson’s fees
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`and expenses shall be resolved by the Court.
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`5.
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`The Court is authorized to have ex parte communications
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`with Mr. Woloson orally and in writing. All such communications shall
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`be confidential and not subject to disclosure or discovery. Counsel for the
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`parties shall not have ex parte communications about the merits of any
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`matter with Mr. Woloson, unless as part of settlement discussions or as
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`part of discussions to narrow the disputed issues related to a motion or
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`hearing.
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`SO ORDERED this 13th day of October, 2022.
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`
`
`BY THE COURT:
`/s/Terrence G. Berg
`TERRENCE G. BERG
`United States District Judge
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`
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`1 Mr. Woloson has informed the Court that, as of October 2021, this is the
`customary hourly rate for his services.
`3
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