40.28 Referral of Privilege Claims to Special Master

	It appearing that submission of claims of privilege to a special master1 appointed under Fed. R. Civ. P. 53 is warranted by the expected volume of such claims and by the likelihood that in camera inspection may be needed to rule on these claims and should be accomplished, to the extent possible, by someone other than the judge to whom this litigation has been assigned, the court hereby [“with the consent of the parties” or “having notified the parties and provided an opportunity to be heard”] ORDERS:

1.	Appointment. 						 is appointed under Rule 53 as special master for the purpose of considering all claims of privilege (including claims of protection against disclosure for trial preparation materials) that may be asserted during the course of discovery in this litigation and for such other matters as may be referred to such special master by the court, such as resolution of disputes under the Confidentiality Order.
2.	Procedures. The special master shall have the rights, powers, and duties provided in Rule 53 and may adopt such procedures as are not inconsistent with that rule or with this or other orders of the court. Until directed otherwise by the special master or the court, any person asserting a privilege shall create a privilege log that will specifically identify the document or other communication sought to be protected from disclosure, including the date, the person making the statement, the persons to whom or in whose presence the statement was made, other persons to whom the contents were or have been revealed, the general subject matter of the communication (unless itself claimed to be privileged), the particular privilege(s) or doctrine(s) upon which protection against disclosure is based, and any other circumstances affecting the existence, extent, or waiver of the privilege. When appropriate, the special master may require that this documentation of claims of privilege be verified.
3.	Reports. The special master shall make ﬁndings of fact and conclusions of law with respect to the matters presented by the parties and shall report expeditiously to the court pursuant to Rule 53(f) as applicable in nonjury actions. Unless directed by the court or believed advisable by the special master, the report shall not be accompanied by a transcript of the proceedings, the evidence, or the exhibits. Such parts of the report, if any, that may be confidential shall be ﬁled under seal pending further order of the court.
4.	Fees and Expenses. Compensation, at rates mutually agreeable to the special master and the parties, shall be paid to the special master on a periodic basis by the parties, together with reimbursement for reasonable expenses incurred by the special master. The special master may employ other persons to provide clerical and secretarial assistance; such persons shall be under the supervision and control of the special master, who shall take appropriate action to ensure that such persons preserve the confidentiality of matters submitted to the special master for review. Final allocation of these amounts shall be subject to taxation as costs at the conclusion of the case at the discretion of the court.2
5.	Distribution. A copy of this order shall be mailed by the clerk to the special master and to liaison counsel for the parties.

Dated: 												
									United States District Judge

Notes:
	1.	See supra section 11.52.
	2.	The order may provide the specific compensation payable to the special master and specify the reimbursable expenses.