IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

MATHEW BRAY,

Plaintiff, 

vs. 

UNION PACIFIC RAILROAD CO.,

Defendant.

8:23CV235

ORDER APPOINTING MASTER

The Honorable Susan Bazis was recently confirmed to serve as U.S. District Court 

Judge, thereby leaving a vacancy for her prior position as Magistrate Judge. Until such 

time as this vacancy is filled, there exist pretrial and posttrial matters in the abovecaptioned case that cannot be effectively and timely addressed by an available judge of 

the district. Accordingly, the Court has determined it is necessary to appoint a master to 

ensure the timely progression of this case. Such appointment shall be of temporary 

duration and shall end upon the appointment of a new Magistrate Judge.

Having given notice of its intent to appoint a master, having offered the parties an 

opportunity to be heard, having considered the master’s affidavit regarding grounds of 

disqualification, and having obtained the consent of the parties, the Court hereby appoints

Kate Rahel as master in this case pursuant to Federal Rule of Civil Procedure 53(a)(1)(A)

& (C). As Rule 53 requires, this Order sets out the master’s duties and dictates how she 

is to perform them. The Court reserves the authority to amend this Order at any time after 

notice is given and the parties have had an opportunity to be heard. See Fed. R. Civ. P. 

53(b)(4).

I. Master’s Duties and Authority

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Rule 53 permits the Court to appoint a master to “perform duties consented to by 

the parties” Fed. R. Civ. P. 53(a)(1)(A), and to “address pretrial and posttrial matters that 

cannot be effectively and timely addressed by an available district judge or magistrate 

judge of the district,” Fed. R. Civ. P. 53(a)(1)(C) The parties having consented to permit 

the master to undertake the duties outlined in this order, and there presently being no 

available district or magistrate judge in this district to timely address these pretrial matters, 

the Court states that the master shall have the authority to do the following:

1. Set deadlines and file orders related to pre-trial case progression.

2. Hold hearings related to case progression including status hearings and 

pretrial conferences.

3. Oversee discovery including resolving any discovery-related disputes by filing 

an order to which the parties may file an objection with the Court.

4. Conduct a settlement conference with the parties’ consent.

The master is ordered to undertake these duties with all reasonable diligence. See

Fed. R. Civ. P. 53(b)(2). The master shall have the full cooperation of the parties and their 

counsel and may take all appropriate measures to perform her assigned duties fairly and 

efficiently.

II. Ex Parte Communications

Rule 53(b)(2)(B) directs the Court to set forth “the circumstances, if any, in which 

the master may communicate ex parte with the court or a party.” Fed. R. Civ. P. 

53(b)(2)(B). The master is permitted to communicate ex parte with the court at the 

master’s discretion, without providing notice to the parties, in order to discuss logistics 

and other appropriate procedural matters. The special master may only communicate 

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with the parties or attorneys if a representative for all parties is present or if an ex parte 

communication is consented to by all parties as in the case of a settlement conference.

III. Master’s Record and Review of Orders

The Court is required to state “the nature of the materials to be preserved and filed 

as the record of the master’s activities.” Fed. R. Civ. P 53(b)(2)(C). The master shall 

promptly file any order with the Clerk of the Court for docketing which sets forth deadlines 

or which rules on a discovery dispute. The docketing of such orders shall serve as notice 

to the parties. The master is not required to preserve or file any other documents related 

to her appointment. Objections to the master’s orders shall be made in accordance with 

Rule 53(f) except that in the instance of case progression orders and other deadlinesetting orders, the parties shall have 7 days to object. In all non-deadline-related orders, 

such as those resolving discovery disputes, the parties shall have 21 days to object. As 

set forth in Rule 53(f), the Court will review the master’s factual findings and legal 

conclusions de novo but will review procedural matters only for an abuse of discretion.

IV. Compensation

Pursuant to Rule 53(g) which requires the Court to state the terms of the master’s 

compensation, the Court notes that the master has volunteered to undertake these duties 

pro bono and thus no compensation will be allocated. These duties shall be in addition 

to and separate and apart from any duties the master has in her employment as judicial 

law clerk.

V. Affidavit

Rule 53(b)(3) notes that the Court may enter an Order of appointment “only after 

the master has filed an affidavit disclosing whether there is any ground for disqualification 

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under 28 U.S.C. § 455.” See also Fed. R. Civ P. 53(a)(2) (discussing grounds for 

disqualification). The master previously filed her affidavit attesting there are no such 

grounds for disqualification.

VI. Contact Information

The progression order is hereby modified to indicate that, until such time as a new 

magistrate judge is assigned to this case, the parties should contact the master prior to 

filing a motion to compel, to quash, or for disputed protective order to set a conference 

for discussing the parties’ dispute. Additionally, all requests for change of deadlines or 

settings or any other matters previously directed to the magistrate judge shall be directed 

to the master. The parties can contact the master by calling Judge Bataillon’s chambers 

at (402) 661-7302 or emailing Special_Master@ned.uscourts.gov. 

IT IS SO ORDERED.

Dated this 29th day of April, 2024.

BY THE COURT:

s/ Joseph F. Bataillon

Senior United States District Judge

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