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United States v. City of New York

May 19, 2010

UNITED STATES OF AMERICA, PLAINTIFF, AND THE VULCAN SOCIETY, INC., FOR ITSELF AND ON BEHALF OF ITS MEMBERS; MARCUS HAYWOOD, CANDIDO NUÑEZ, ROGER GREGG, INDIVIDUALLY AND ON BEHALF OF A CLASS OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-INTERVENORS,
v.
THE CITY OF NEW YORK, DEFENDANT.



The opinion of the court was delivered by: Nicholas G. Garaufis, District Judge

ORDER

Attached to this Order as Exhibit A is a Draft Order outlining the terms of the court's appointment of a Special Master. The parties are advised that the specific terms of the Special Master's compensation (e.g., hourly rate, initial retainer) will only be determined once the court has selected a particular individual to serve as Special Master.

The parties are directed to file any objections to the Draft Order by May 25, 2010. No extensions of time will be granted.

SO ORDERED.

NICHOLAS G. GARAUFIS United States District Judge

EXHIBIT A

[STATEMENT OF FACTS]

IT IS HEREBY ORDERED:

1. Pursuant to Fed. R. Civ. P. 53(a)(1)(C) and the court's inherent equitable powers, [XXXXX] is appointed to serve as Special Master in this litigation;

a. Prior to being appointed, the Special Master must file an affidavit "disclosing whether there is any ground for disqualification under 28 U.S.C. § 455." Fed. R. Civ. P. 53(b)(3); see also Rule 53(a)(2) (discussing grounds for disqualification). Attached to this Order is the affidavit submitted to the court by the Special Master, dated [ ], 2010.

Duties

2. The duties of the Special Master shall include the following:

a. Monitoring and reporting on the City's compliance with its discovery and disclosure obligations in connection with the review of Exam 6019, making such orders as necessary to ensure the City's compliance with such discovery and disclosure obligations, and making any other orders that the Special Master believes will facilitate the timely assessment of Exam 6019, in accordance with the Initial Remedial Order (Docket Entry # 390);

b. Monitoring and reporting on the parties' compliance with the Initial Remedial Order and subsequent orders of the court regarding the development of a new procedure for screening and selecting applicants for the position of entry-level firefighter, and ordering such plans, processes, or other measures that the Special ...


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