Opinion
Civil Action No. 77-71100.
October 26, 2005
ORDER FORMALIZING SCREENING OF F. THOMAS LEWAND AS SPECIAL MASTER
Pursuant to Fed.R.Civ.P. 53, the Court appointed F. Thomas Lewand as Special Master for "all matters before the Court" by Order entered February 8, 2002. With the consent of all parties, that order was modified on July 7, 2005 regarding the dispute over the allocation of the cost of repairing the interceptor under 15 Mile Road. I note that at the hearing I conducted regarding the modification, no party objected to Mr. Lewand continuing as Special Master on all other matters.
I am now in receipt of a letter from the Special Master requesting that I formalize a screening procedures he and his firm have put in place regarding the motion filed in this case on September 26, 2005 by Oakland County. In summary, Mr. Lewand has had no contact with Macomb County or its attorneys regarding this matter, and will not do so unless another party or a representative of this Court is present. I believe this course of action is a prudent way to avoid the appearance of impropriety, while still allowing Mr. Lewand to continue his valuable service to this Court. Therefore, I ORDER the Special Master to have no contact with Macomb County or its attorneys regarding the September 26, 2005 motion unless another party to the case or a representative of this Court is present. In all other respects, the Order of February 8, 2002, as modified on July 7, 2005, is confirmed and continued.