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Sesto v. Prospect Chartercare, LLC

United States District Court, D. Rhode Island

September 5, 2019

STEPHEN DEL SESTO, AS RECEIVER AND ADMINISTRATOR OF THE ST. JOSEPH HEALTH SERVICES OF RHODE ISLAND RETIREMENT PLAN, ET AL. Plaintiffs,
v.
PROSPECT CHARTERCARE, LLC, ET AL., Defendants.

          ORDER APPOINTING SPECIAL MASTER

          William E. Smith Chief Judge.

         WHEREAS, Plaintiff Stephen Del Sesto (the “Receiver”), as receiver and administrator of the St. Joseph Health Services of Rhode Island Retirement Plan, Named Plaintiffs Gail J. Major, Nancy Zompa, Ralph Bryden, Dorothy Willner, Caroll Short, Donna Boutelle, and Eugenia Levesque, individually and on behalf of all others similarly situated, and Defendants St. Joseph Health Services of Rhode Island (“SJHSRI”), Roger Williams Hospital (“RWH”), CharterCARE Community Board (“CCCB”), and CharterCARE Foundation (“CCF”) (collectively, the “Settling Defendants”), have reached two separate settlement agreements[1] in this matter;

         WHEREAS, Plaintiffs have filed motions for attorneys' fees in connection with both settlements, ECF Nos. 64 and 78;

         WHEREAS, the Diocesan Defendants[2] and the Prospect Entities[3](collectively, the “Non-Settling Defendants”) have filed objections to the approval of the settlements and fee requests; and

         The Court has determined that the appointment of a Special Master is necessary to carefully and efficiently review the fee requests and objections thereto, and Plaintiffs, Settling Defendants, and Non-Settling Defendants have all consented[4] to the appointment of a Special Master, IT IS ORDERED THAT:

         I. Appointment and No Grounds for Disqualification

         1. Deming Sherman is hereby appointed to serve as Special Master in this matter pursuant to Federal Rule of Civil Procedure 53(a).

         2. The Special Master's appointment will become effective upon his filing an affidavit disclosing that there are no grounds for disqualification under 28 U.S.C. § 455, pursuant to Fed.R.Civ.P. 53(a)(2) and (b)(3), and shall continue until the Court terminates the appointment. If there are no grounds for disqualification or if all grounds for disqualification have been waived pursuant to Fed.R.Civ.P. 53(a)(2), the Special Master is directed to proceed with all reasonable diligence to complete the duties assigned by this Order.

         3. If, during the course of this matter, the Special Master or the parties become aware of any potential grounds that would require disqualification, the Special Master or the parties shall notify the Court immediately.

         II. Accountability to the Court

         4. The Special Master will be accountable only to the Court and will not be supervised by Plaintiffs or Defendants. The Special Master will be independent from Plaintiffs and Defendants. In the course of his work, the Special Master may consult with counsel for the Plaintiffs, the Settling Defendants, the Non-Settling Defendants, and any other person the Special Master deems necessary to perform the scope of his duties.

         III. Limited Scope of the Special Master

         5. The role of the Special Master is limited. The Special Master's objective is to review the motions for attorneys' fees and make a recommendation as to those requests. The Special Master is directed to review the attorney fee motions, ECF Nos. 64 and 78, the objections, the declarations related thereto, and any other document the Special Master deems necessary to perform the scope of his duties.

         IV. ...


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