govinfo:USCOURTS-moed-4_16-cv-01631-17

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF MISSOURI 
EASTERN DIVISION 
 
 
PHYLLIS SCHLAFLY REVOCABLE ) 
TRUST, et. al.  ) 
 ) 
            Plaintiffs, )  
 ) 
v. ) Case No. 4:16-CV-01631 JAR 
 ) 
ANNE CORI,  ) 
 ) 
             Defendant. )  
 
MEMORANDUM AND ORDER 
This matter is before the Court on the partie s’ discovery disputes as outlined in their 
respective status reports and discussed during the January 17, 2023 hearing.  (Doc. No. 267, 268, 
& 270).  Defendant asserts that Pl aintiffs have unilate rally implemented an ESI protocol which 
does not return all responsive documents, provide d an entirely disorganized “workbook” of their 
discovery thus far, failed to pr ovide a privilege log with sufficie nt detail, and failed to conduct a 
search of hard copy records during Phase I of di scovery.  Plaintiffs contend that they have 
produced sufficient responsive documents, and counter that Defendant  has failed to cooperate in 
completing necessary depositions.  The Court notes the history of this case includes extensive 
litigation over both phases of di scovery, including various motions  to compel and motions for 
sanctions. The Court has held multip le status conferences with the pa rties in an effort to resolve 
the discovery disputes; nevertheless, the disputes  have not been resolved. Given the scope and 
extent of the discovery disputes  in this case, and after giving the parties every opportunity to 
limit those disputes, the Court has determined it necessary to appoint a Special Master in this 
case to resolve the parties’ outstanding discovery issues  
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Pursuant to Federal Rule of Civil Procedur e 53(b)(1), the Court ga ve the parties notice 
and opportunity to be heard with regard to the appointment of a Special Master on January 17, 
2023. (Doc. No. 270). During the hearing, the Court pr ovided the parties an  alternative process 
by permitting the parties to jointly file an am ended scheduling order to resolve their discovery 
disputes, or to file suggestions  for a special master , on or before Janua ry 23, 2023.  On January 
23, both parties filed separate suggestions for a special master. (Doc. No. 272 & 273). Retired 
Judge Mark D. Seigel, of USA&M, is on both parties’ lists.  
After consideration, the Court has asked Judge Mark D. Seigel, to take the assignment of 
Special Master in this case. J udge Seigel has provided the Cour t with the affidavit required by 
Federal Rule of Civil Procedure 53(b)(3)(A),  stating that there are no grounds for his 
disqualification as Special Master under 28 U.S.C. § 455 (Doc. No. 274).  
Accordingly, 
IT IS HEREBY ORDERED  that Judge Mark D. Seigel is  appointed as Special Master 
to resolve the parties’ outstanding discovery i ssues, including, but not limited to, the parties ESI 
protocol, any claims of privileg e, any outstanding discovery for Phase I of discovery, and any 
outstanding depositions in this case.  
Judge Seigel shall proceed with all reasonable diligence in his position as Special Master. 
In the execution of this reference, the Special Master shall possess and may exercise, to the 
extent permitted by law, Federal Rule of Civil Procedure 53, and the United States Constitution, 
all powers to make such orders as may be necessary and appropriate to fulfill the duties assigned 
to the Special Master under this Memorandum a nd Order, subject to re view by the Court. The 
Special Master shall also have the broad aut hority to avail himself of all necessary and 
appropriate support services, including associates, if necessary. 
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The Special Master shall meet with the par ties to confer on an acceptable process and 
procedure for resolving these discovery disput es and completing any di scovery that remains 
outstanding.  
The parties and their counsel shall provide th e Special Master with their full cooperation, 
including making available to the Special Master any files, databases, documents or pleadings 
necessary to fulfill his function. 
The Special Master may communicate ex parte with the Court on any matter. He may 
communicate ex parte  with the parties to discuss the merits of a particular dispute, for the 
purpose of resolving that dispute, but only w ith the prior permission of the opposing counsel 
involved. 
The Special Master shall report to the Court on all matters within his jurisdiction within 
sixty (60) days  of the date of this Memorandum and Or der or upon such other schedule as the 
Special Master requires and serve a copy of his report on each party consistent with Fed. R. Civ. 
P. 53.   
Any party may object to any or der or report issued by th e Special Master by filing a 
written objection with the Court wi thin seven (7) days of the issu ance of such or der or report. 
Any response to such objection must be in writing and filed within seven (7) days of the filing of 
the objection. The report of the Special Master w ill be reviewed by the Court consistent with 
Fed. R. Civ. P. 53. Failure to file a timely objection may waive the right to object. 
This referral to the Special Master is limit ed to the duties specified herein unless the 
Court shall expand the duties. Th is reference shall terminate upon the submission by the Special 
Master of his Final Report, unless extended by further order of the Court. 
The Special Master shall bill for his services herein at his regular hourly rate as well as 
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the regular hourly rate of his associates and support staff.  
Given the extensive scope of the discovery di sputes and the time required to address 
them, the Court has determined it necessary to order the parties to deposit into the Registry of the 
Court, within ten (10) days of the date of this Order , the sum of $50,000.00 as and for 
compensation for the fees and other costs incurred  by the Special Master in connection with this 
reference. The Court finds that, although both parties have contribu ted to the discovery disputes 
at issue, Plaintiffs appear to be responsible for much of the current discovery stalemate, as 
Plaintiffs have consistently fail ed to provide timely and organi zed discovery to Defendant.  As 
such, the Court will allocate the deposit as such: Plaintiffs shall pay $40,000.00, while Defendant 
shall pay $10,000.00. If additional time and resources are ne cessary, the Court reserves the right 
to order the parties to deposit additional funds into the registry of the Court. At the conclusion of 
this reference, any funds remaini ng will be returned to the respecti ve parties. The Court reserves 
the right to reallocate the apportionment of costs if the Cour t determines a party has acted in bad 
faith.   
The Special Master shall maintain his billing records of time spent on this matter, 
documents received from the parties, and copies of his orders and reports. 
The Clerk of Court shall provi de Special Master Seigel with complete access to the 
electronic court file without charge. 
This Memorandum and Order is subject to amendment by the Court sua sponte,  upon 
application of the parties, or upon application of the Special Master . Jurisdiction of this action is 
retained by the Court. 
  
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Judge Seigel’s contact information is: Hon. Mark D. Seigel, United States Arbitration and 
Mediation, 500 N. Broadway, Suite 1800, St. Louis, Missouri 63102, (324) 231-4642. 
 
   
 JOHN A. ROSS 
 UNITED STATES DISTRICT JUDGE  
 
Dated this 26th day of January, 2023. 
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