*1 The parties are presently immersed in a protracted and complicated controversy involving questions involving e-discovery, which, they insist, despite their best efforts they are unable to resolve. The matter is complex, factually intricate and its appropriate resolution will be time consuming. [See counsels’ competing status reports Dkt.## 68, 68-1, 69].

I have determined that in light of the scope and nature of the factual disputes, the importance to the litigants, and the substantial expenditure of time that will necessarily be involved in resolving the issues – which, of course, will affect the necessarily limited time available to other litigants in other cases, Otto v. Variable Annuity, 134 F.3d 841, 854 (7th Cir. 1998), that the present controversy will be best resolved by the appointment of a Special Master. I have determined that the Special Master in this case should be Philip Favro, who, as expressed in my contemporaneous Order in this case is, in my opinion, as knowledgeable about issues like those involved in the present case as anyone in the country.[Dkt. #70].

The appointment of Mr. Favro to serve as a Special Master in connection with the issue referred to above is made pursuant to Rule 53, Federal Rules of Civil Procedure. Mr. Favro's address and phone number will be provided to counsel by Mr. Favro.

The parties will provide the Special Master with copies of whatever filings or other materials they deem relevant to resolution of the outstanding issue discussed in the parties’ recently filed status reports. The Special Master shall review such documents as he deems appropriate and conduct such hearings, if any, that he determines are appropriate to perform his duties effectively and promptly, and he and shall serve and file a copy of his Report on the parties’ counsel and the court. The Special Master may communicate ex parte with the Court in connection with scheduling and procedural matters, but may not do so with the parties or their counsel.

This Order allows for teleconferences or video conferences as the need arises, either because Mr. Favro desires the meeting or the parties or their counsel desire to have one. It will be the parties’ responsibility to obtain the services of a court reporter for any teleconference or video conferences with Mr. Favro, and those conferences will be transcribed at the parties’ expense.

The fees and costs of the Special Master shall be borne equally by the parties unless otherwise ordered by the court. Pursuant to Rule 53(b)(3), Federal Rules of Civil Procedure, the Special Master is directed to file an Affidavit or Declaration disclosing whether there is any ground for disqualification, 28 U.S.C. ¶ 455, on or before 10/5/22. The Special Master shall perform all duties allowed by Rule 53(c) and shall conclude his duties hereunder and file his report pursuant to Rule 53(d) and (e) on or before a date to be determined by the court and the parties.