National Labor Relations Board v. GRAPETREE SHORES, INC. d/b/a DIVI CARINA BAY RESORT (Agency No. 24-CA-11101) SUR…

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
DCO-028
No. 19-3762
NATIONAL LABOR RELATIONS BOARD,
Petitioner
v.
GRAPETREE SHORES, INC. d/b/a
DIVI CARINA BAY RESORT
(Agency No. 24-CA-11101)
SUR PETITION FOR REHEARING
Present: RESTREPO, PORTER, and NYGAARD, Circuit Judges
The petition for rehearing filed by appellant in the above-entitled case having been
submitted to the judges who participated in the decision of this Court, it is hereby
ORDERED that the petition for rehearing by the panel is granted. The Court’s Order
entered May 1, 2020 is VACATED and the National Labor Relations Board’s petition for
adjudication in civil contempt is reinstated. As the panel has granted rehearing, no further
action will be taken by the en banc court.
It is further ordered that the National Labor Relations Board’s application for
referral to a special master is GRANTED. Magistrate Judge Ruth Miller is hereby
designated Special Master to take testimony and hear evidence with respect to the issues
raised in the application for enforcement
In addition to the general powers set forth in Fed. R. App. P. 48, it is further
ORDERED that the Special Master shall have authority, powers and duties as follows:
1. To hold such hearings as may be reasonably necessary to obtain oral or
documentary evidence from witnesses made available by the parties, or under the
compelling process of the Special Master. Such hearings may be held at such
place or places as the Special Master may deem appropriate.

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2. To engage a qualified reporter to take and transcribe the testimony adduced at such
hearings. Pending further order of the Court with respect to taxation and
assessment of costs, the reporters' charges, when duly billed for, shall be divided
equally by the parties in the first instance.
3. In accordance with the Federal Rules of Civil Procedure to regulate all proceedings
in the hearings before the Special Master and to do all acts and take all measures
necessary or proper for the performance of the Special Master's duties under this
order. The Special Master may conduct such proceedings as may be appropriate to
consider the simplification of the issues herein, including the possibility of
obtaining admissions of facts and documents, and take such other actions which
may aid in the disposition of the reference, including the entertainment and
disposition of motions pursuant to the rules regulating discovery and motions to
amend or supplement the pleadings, in accordance with the pertinent provisions of
the Federal Rules of Civil Procedure.
4. As soon after the conclusion of the hearing as practicable, the Special Master shall
file with the Clerk of the Court the transcript of the proceedings and of the
evidence, and the original exhibits, together with the Special Master's report
thereon and recommendations as to findings of fact and conclusions of law; a copy
of said report and recommendations shall at the same time be served on the parties.
The Special Master may require the parties to submit, prior to the filing of this
report, proposed findings, objections to proposed findings and briefs; and,
It is further ORDERED that final assessment and allocation of all costs, fees and
expenses involved, including counsel fees, are reserved for further order of the Court;
and,
It is further ORDERED that the Clerk will send notice to the parties when the
Special Master's report and recommendation and any transcripts are filed. Any party may
file an objection to the report and recommendation within twenty (20) days after such
notice.
By the Court,
s/ David J. Porter
Circuit Judge
Dated: July 29, 2020
PDB/KR/cc: All Counsel of Record

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