Exhibit 10

Case 2:11-cv-01754-BRM-AME Document 600-12 Filed 06/25/18 Page 1 of 5 PageID: 43327
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

____________________________________ 

: 

KIMBERLEE WILLIAMS, et al., : 

: 

Plaintiffs, : 

: 

v. : Case No. 2:11-cv-1754-JLL-JAD

: 

BASF CATALYSTS LLC, et al., : 

: 

Defendants. : 

____________________________________: 

______________________________________________________________________________ 

ORDER FROM SPECIAL MASTER

RE ECF NO. 229 

______________________________________________________________________________

THIS MATTER having been opened by the January 26, 2017 application of 

third-party witnesses The Rothenberg Law Firm, L.P. (“Rothenberg”) and Jeffrey C. Schwartz, 

Esq. (“Schwartz”) (Wilentz, Goldman & Spitzer, P.A. and Stief, Gross & Sagoskin, P.C., 

appearing), for an order quashing the subpoena duces tecum addressed to Rothenberg and the 

subpoena duces tecum and notice of deposition addressed to Schwartz, and for an order requiring 

that defendant BASF Catalysts, LLC (“BASF”) pay any reasonable costs associated with the reopening and review of the files under subpoena [ECF No. 229]; 

AND, on February 7, 2017, BASF (Kirkland & Ellis LLP and Robinson Miller 

LLC, appearing), having filed its opposition to the application by Rothenberg and Schwartz 

[ECF No. 237]; 

AND, on February 13, 2017, Rothenberg and Schwartz having filed their reply to 

BASF’s opposition to their application [ECF No. 239]; 

Case 2:11-cv-01754-BRM-AME Document 600-12 Filed 06/25/18 Page 2 of 5 PageID: 43328 Case 2:11-cv-01754-JLL-JAD Document 362 Filed 10/27/17 Page 1 of 4 PageID: 13209
- 2 -

AND, on February 21, 2017, plaintiffs Kimberlee Williams, Nancy Pease, 

Marilyn L. Holley, Donna Ware, Donnette Wengerd, and Rosanne Chernick, each in their 

capacity as the personal representative of a decedent and as representatives of others similarly 

situated (“plaintiffs”) (Cohen, Placitella & Roth, P.C., and Fox Rothschild LLP, appearing) 

having filed their support for Rothenberg’s and Schwartz’s motion to quash [ECF No. 243];

AND, on March 3, 2017, BASF filed its response to plaintiffs’ filing in support of 

Rothenberg’s and Schwartz’s motion to quash [ECF No.251];

AND, also on March 3, 2017, defendants Cahill Gordon & Reindel LLP, Howard 

G. Sloane, and Ira J. Dembrow (Williams & Connolly LLP and Connell Foley LLP, appearing), 

having joined in BASF’s opposition to Rothenberg’s and Schwartz’s motion to quash [ECF No. 

266];

AND, oral argument on the foregoing having been heard on October 26, 2017;

AND, the written and oral submissions of the parties having been considered;

AND, for the reasons set forth on the record on October 26, 2017;

AND, for good cause appearing;

IT IS, this 26th day of October, 2017, hereby

1. ORDERED that Rothenberg’s and Schwartz’s application be, and the 

same hereby is, GRANTED IN PART and DENIED IN PART; and it is hereby

2. FURTHER ORDERED that, in respect of the files of any of the 

representative plaintiffs named in this action maintained by Rothenberg and/or Schwartz, 

Christopher M. Placitella, Esq. be, and the same hereby is ORDERED that he shall

(a) review all such files retained by Rothenberg and/or Schwartz and 

cause each page to be Bates-numbered;

Case 2:11-cv-01754-BRM-AME Document 600-12 Filed 06/25/18 Page 3 of 5 PageID: 43329 Case 2:11-cv-01754-JLL-JAD Document 362 Filed 10/27/17 Page 2 of 4 PageID: 13210
- 3 -

(b) segregate the documents contained in those files into two 

categories: non-privileged documents and documents under a claim of privilege;

(c) generate a privilege log listing any document in those files in 

respect of which a privilege is claimed;

(d) by no later than November 2, 2017, electronically transfer to 

Eugene F. Asssaf, P.C. copies of all non-privileged documents in those files and the 

privilege log in respect of each of those files, all in portable document format (.pdf) with 

optical character recognition (OCR);

(e) by no later than November 2, 2017, electronically transfer to the 

special master copies of all privileged documents in those files and the privilege log in 

respect of each of those files, all in .pdf format with OCR; and it is hereby

3. FURTHER ORDERED that, in respect of the files of any putative 

plaintiffs in this action maintained by Rothenberg and/or Schwartz, Christopher M. Placitella, 

Esq. be, and the same hereby is ORDERED that he shall

(a) randomly and arbitrarily select eighteen (18) of such files retained 

by Rothenberg and/or Schwartz and cause each page in the randomly and arbitrarily 

selected files to be Bates-numbered;

(b) segregate the documents contained in those files into two 

categories: non-privileged documents and documents under a claim of privilege;

(c) generate a privilege log listing any document in those files in 

respect of which a privilege is claimed;

Case 2:11-cv-01754-BRM-AME Document 600-12 Filed 06/25/18 Page 4 of 5 PageID: 43330 Case 2:11-cv-01754-JLL-JAD Document 362 Filed 10/27/17 Page 3 of 4 PageID: 13211
- 4 -

(d) by no later than November 27, 2017, electronically transfer to 

Eugene F. Asssaf, P.C. copies of all non-privileged documents in those files and the 

privilege log in respect of each of those files, all in .pdf format with OCR;

(e) by no later than November 27, 2017, electronically transfer to the 

special master copies of all privileged documents in those files and the privilege log in

respect of each of those files, all in .pdf format with OCR; and it is hereby

4. FURTHER ORDERED that, save and except as otherwise granted by 

this order, Rothenberg’s and Schwartz’s application be, and the same hereby is, DENIED 

WITHOUT PREJUDICE.

/s/ Roberto A. Rivera-Soto

Roberto A. Rivera-Soto

Special Master

Case 2:11-cv-01754-BRM-AME Document 600-12 Filed 06/25/18 Page 5 of 5 PageID: 43331 Case 2:11-cv-01754-JLL-JAD Document 362 Filed 10/27/17 Page 4 of 4 PageID: 13212