UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

NORGREN AUTOMATION SOLUTIONS, 

LLC, 

Plaintiff,

Case No. 14-13400

vs. HON. GERSHWIN A. DRAIN 

PHD, INC., 

Defendant.

_____________________________/

APPOINTMENT AND ORDER OF REFERENCE TO SPECIAL MASTER 

This is a complex patent case involving United States Patent Nos. RE39,786

and RE41,223. Because of the complexity of the subject matter and having received

no objections to the Court’s Notice of Proposed Appointment and Order of Reference

to Special Master and Supplement to Proposed Appointment (Dkt. Nos. 33 and 34),

IT IS ORDERED that: 

1. Claim construction is referred to Richard D. Grauer, 1006 Stratford

Lane, Bloomfield Hills, MI 48304, phone number (248) 712-6678, fax

number (248) 712-6660, e-mail address: rick@graueradr.com, as Special

Master to decide upon and report and recommend in writing the

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appropriate construction of the claims at issue.1

 

2. Copies of papers submitted to the Special Master shall also be filed

simultaneously with the Court and served pursuant to applicable federal

rules. Forwarding letters or informal communications need not be filed

but should be served on the opposite party. 

3. Communications between the Special Master and the parties, as well as

submissions to the Special Master, may be accomplished by electronic

mail, and the parties shall designate the persons who will receive such

electronic mail. 

4. The Special Master shall review the submitted material and confer with

the parties following that review to determine if further information is

needed and a schedule for submitting such additional information. 

5. The Special Master may conduct the Markman hearing on June 23, 2015,

and any other hearings and meetings at a location directed by him after

consultation with the parties.

6. The Special Master will not have the power to impose sanctions against

a party under Federal Rule of Civil Procedure 53(c), but may recommend

1

 The Court has not yet determined whether it will also refer dispositive motions for

report and recommendation.

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sanctions to the Court.

7. A petition for review by the Court of the recommendations of the Special

Master shall be submitted in writing within (10) days of receipt of the

Special Master’s report. Review of the recommendations of the Special

Master by the Court shall be governed by 28 U.S.C. § 636(b)(1)(B) and

(c).

 8. The Special Master shall keep detailed records of his time and expenses. 

The Special Master shall render detailed bills for all fees and expenses

and such bills shall be paid within 30 days as follows: fifty percent

(50%) by Plaintiff and fifty percent (50%) by Defendant. The first bill

shall be rendered at the time of the filing of the Special Master’s report,

and shall be submitted directly to counsel for the parties, who shall take

responsibility for prompt payment. A second bill shall be rendered if

there are any post-report expenses or time incurred by the Special

Master. The Special Master shall keep the parties informed of the time

being spent with a bi-weekly progress report.

9. The Special Master may communicate ex parte with the Court to seek

guidance in executing his duties. The Special Master may also

communicate ex parte with the Court to assist the Court with legal

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analysis of the parties’ submissions and to assist the Court with

understanding highly specialized matters and to provide the Court with

technical expertise. The Special Master shall keep the Court informed

about his progress and activities with a bi-weekly progress report. 

IT IS SO ORDERED. 

Dated: May 7, 2015 /s/Gershwin A Drain 

GERSHWIN A. DRAIN

UNITED STATES DISTRICT JUDGE

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