On February 3, 2025, the Court notified the parties of its intention to appoint the Honorable Barbara A. Jones (Ret.) as a Master to conduct a review of privilege logs and documents relating to the assertion of attorney client and work product privileges in this MDL. Dkt. No. 2204. Uber has objected to her appointment on the basis that a “California-experienced jurist” would be better suited, while Plaintiffs have not objected. Dkt. No. 2275. The Court finds that, “California experience” notwithstanding, Judge Jones is uniquely qualified to handle these matters expeditiously. Her curriculum vitae, which is attached to this Order, reveals deep experience handling complex litigation matters and matters involving issues similar to those which the Master is selected to address. Uber’s objection is overruled.

Judge Jones has informed the Court that she is willing to accept such an appointment, and the Court is not aware of any grounds for her disqualification. Accordingly, pursuant to Federal Rule of Civil Procedure 53, the Court APPOINTS Judge Jones as Master and enters this Order setting forth the terms of her appointment. This Order will take effect subject to a finding by the Court that Judge Jones has no basis for disqualification, as discussed in paragraph 2, below. See Fed. R. Civ. P. 53(a)(2).

I. BASIS FOR APPOINTMENT

1. Appointment. The Court appoints the Honorable Barbara A. Jones (Ret.) as a Master to assist the Court in this litigation pursuant to Rule 53(a)(1) to “perform duties consented to by the parties,” Fed. R. Civ. P. 53(a)(1)(A), and to “address pretrial matters that cannot be effectively and timely addressed by an available district judge or magistrate judge of the district,” Fed. R. Civ. P. 53(a)(1)(C).

2. No Grounds for Disqualification. The Court is not aware of any grounds for Judge Jones’s disqualification. Within one week of this Order, pursuant to Rule 53(a)(2) and 53(b)(3), Judge Jones is directed to file an affidavit stating that she has no “relationship to the parties, attorneys, action, or court that would require disqualification of a judge under 28 U.S.C. § 455[.]” See Fed. R. Civ. P. 53(a)(2). After that affidavit has been filed, the Court will issue a finding regarding whether there is any basis for Judge Jones’s disqualification. If during Judge Jones’s tenure as Master, she or the parties become aware of any potential grounds for disqualification, they shall notify the Court immediately.

3. Fairness Considerations. Pursuant to Rule 53(a)(3), the Court has considered the fairness of imposing the likely expenses of the Master on the parties. The Court believes that the appointment and use of the Master will materially advance the litigation, thereby achieving considerable cost-saving to all parties. The Master will work with the parties to minimize the time and expense related to proceedings before the Master.

4. Proper Notice Given to All Parties. Pursuant to Rule 53(b)(1), on February 3, 2025, the Court gave all parties to these proceedings notice of its intent to appoint the Master and provided the parties until February 5, 2025, to object to the appointment, and until February 6, 2025, to propose potential alternates. As discussed above, Plaintiffs did not object to Judge Jones’s appointment, and Uber’s objection has been heard and overruled.

II. MASTER’S DUTIES, SCOPE OF AUTHORITY, AND COMPENSATION

5. Diligence. Pursuant to Rule 53(b)(2), the Court hereby directs the Master to proceed with all reasonable diligence in performing her duties in these proceedings.

6. Scope of Master’s Duties. Pursuant to Rule 53(b)(2)(A), the Master shall assist the Court with all disputes relating to privilege logs and the assertion of attorney client and work product privileges in this MDL, as well as deal with any other matters at the Court’s direction. The Master shall have the authority to set the date, time and place for all hearings, to preside over hearings, to take evidence, to conduct telephonic conferences to resolve disputes arising during depositions, and to issue orders awarding non-contempt sanctions, including, without limitation, the award of attorneys’ fees, as provided by Rules 37 and 45. The Master may recommend a contempt sanction against a party and sanctions against a nonparty as provided in Rule 53(c)(2). The Master is authorized to receive and consider information designated as confidential pursuant to the protective order entered in this matter. See Dkt. No. 176. The Master has agreed to be bound by the protective order.

7. Scope of Master’s Authority. The Master shall have the authority provided in Rule 53(c) and 53(d).

8. Procedure for Motions Submitted to the Master. The procedural requirements contained in the Court’s standing order on all civil cases shall govern any motion practice before the Master.

9. Ex Parte Communications. Pursuant to Rule 53(b)(2)(B), the Master may communicate ex parte with the Court at any time. The Master shall not communicate ex parte with any party without first providing notice to, and receiving consent from, the Plaintiff’s Steering Committee and Defendants’ counsel.

10. Preservation of Materials and Preparation of Record. Pursuant to Rule 53(b)(2)(C), the Master shall maintain orderly files consisting of all documents submitted to her by the parties and of any of her written orders, findings, and/or recommendations. Pursuant to Rule 53(d), the Master shall file any written orders, findings, and/or recommendations with the Court via ECF. Such filing shall fulfill the Master’s duty to serve her orders on the parties. Any records of the Master’s activities other than written orders, findings, and/or recommendations shall be filed in accordance with paragraph 15.

11. Compensation. The procedures for establishing and paying the Master's compensation and expenses shall be determined in a later order. Within one week of the effective date of this Order, the Master and counsel for the parties shall confer on this issue, and the Master shall submit a proposal for the Court's approval as to the procedures for paying the Master's compensation and expenses.

12. Master’s Reports to Court. Pursuant to Rule 53(d), the Master shall issue orders on motions presented to her which shall be final and not require the Court’s signature, subject to the parties’ right to file objections as described below. If the Master considers it advisable to make a report to the Court, she shall do so in accordance with Rule 53(e).

III. ACTION ON MASTER’S ORDERS, REPORTS, OR RECOMMENDATIONS

13. Scope of Section. Pursuant to Rule 53(b)(2)(D) and 53(f), the procedures described in paragraphs 14 through 17 herein shall govern any action on the Master’s orders, reports, and/or recommendations.

14. Time Limits for Review. Any party wishing to file objections to or a motion to adopt or modify the Master’s orders, reports, and/or recommendations must file such objections or motion with the Court within 14 days from the day the Master filed the order, report, and/or recommendation via ECF. Any order issued by the Master shall remain in effect pending any such objection or motion.

15. Filing the Record for Review. The party filing the objection or motion shall submit with such objection or motion any record necessary for the Court to review the Master’s order, report, and/or recommendation, including any transcripts of proceedings before the Master and any submitted by the parties in connection with the Master’s order, report, and/or recommendation. Failure to provide the record shall constitute grounds for the Court to overrule the objection or deny the motion.

16. Standard for the Court’s Review. Pursuant to Rule 53(f)(3)-(5), the Court shall review findings of fact made or recommended by the Master for clear error. The Court shall review de novo any conclusions of law made or recommended by the Master. The Court will set aside the Master’s ruling on a procedural matter only for an abuse of discretion. 

17. Court’s Actions on Master’s Orders. Pursuant to Rule 53(f)(1), in acting on an order, report, or recommendation of the Master, the Court shall afford the parties an opportunity to present their positions and, in its discretion, may receive evidence, and may adopt or affirm; modify; wholly or partly reject or reverse; resubmit to the Master with instructions; or make any further orders it deems appropriate.

IT IS SO ORDERED.