Axelrod
Axelrod v. Lenovo (United States) Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDREW AXELROD, et al., Case No. 21-cv-06770-JSW
Plaintiffs,
ORDER DENYING MOTION FOR
v. APPOINTMENT OF DISCOVERY
REFEREE
LENOVO (UNITED STATES) INC., Re: Dkt. No. 204 Defendant.
12 Now before the Court for consideration is Lenovo (United States) Inc.’s (“Lenovo”) Administrative Motion for the Appointment of Discovery Referee. Federal Rule of Civil Procedure 53 requires that prior to appointment of a discovery referee, the Court make a determination that no district judge or magistrate judge be is available to effectively and timely address discovery matters. Fed. R. Civ. P. 53(a)(1)(C). The appointment of a special master should be the exception and not the rule. See Burlington N. R. Co. v. Dep’t of Revenue of State of Wash., 934 F.2d 1064, 1071 (9th Cir. 1991)). The Court has considered the parties’ arguments and the relevant legal authority in connection with the many discovery disputes that have been raised throughout this case. …