United States v. Florida
Headline: Court appoints a senior federal judge as Special Master to manage filings, take evidence, issue subpoenas, and assign costs among the parties while overseeing further proceedings.
Holding: The Court appoints a senior district judge as Special Master with authority to set deadlines, take evidence, issue subpoenas, direct proceedings, charge costs to the parties, and to consider the defendants’ motion for a counterclaim.
- Appoints a judge to manage filings, evidence, and hearings in the case.
- Gives that judge power to summon witnesses and issue subpoenas.
- Allows the Court to charge the Master’s expenses to the parties.
Summary
Background
A lawsuit before the Court required additional fact-finding and case management. The Court appointed the Honorable Olin Hatfield Chilson, a senior United States District Judge, as Special Master in place of the prior Special Master, Charles L. Powell, who is deceased. The Special Master is a judge appointed to manage parts of the case, set schedules, and handle specified procedural tasks. The Court also referred the defendants' motion for leave to file a counterclaim to the Special Master for consideration.
Reasoning
The Court granted the Special Master broad authority to fix the time and conditions for filing additional pleadings and to direct subsequent proceedings. He may summon witnesses, issue subpoenas, take evidence that is introduced or that he deems necessary to call for, and submit reports as he finds appropriate. The order specifies that the Master’s actual expenses, allowances, assistant compensation, and printing costs shall be charged to and borne by the parties in proportions the Court will later direct. The order also provides that if the Special Master position becomes vacant during the Court’s recess, the Chief Justice may make a new designation with the same effect.
Real world impact
This is a procedural order giving one judge clear powers to manage the next stages of the case and to gather evidence. Parties should expect scheduling and evidentiary decisions to be made by the Special Master and to receive reports from him to the Court. The parties may be required to bear the costs of the Master’s work as allocated by the Court. The defendants’ request to add a counterclaim will be handled under these procedures by the Special Master.
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