Red River Resources Incorporated v. Mariner Systems Incorporated et al

Filing 214

SPECIAL MASTER'S REPORT AND RECOMMENDATION REGARDING ENTRY OF JUDGMENT re 199 MOTION for Judgment. See Report for full details. Signed by Judge/Special Master Daniel A. Barker (Ret.) on 9/19/13. (MAP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

RED RIVER RESOURCES, INC.,

)
)
Plaintiff,
)
)
vs.
)
)
MARINER SYSTEMS, INC.,
)
XYBERSECURE, INC., CARLOS M.
)
COLLAZO, NEIL M. PARK, ROBERT A.
)
ORTALDA, JR., and RICK MAHARAJ,
)
)
Defendants. )
__________________________________________)
)
MARINER SYSTEMS, INC.,
)
)
Counterclaim-Plaintiff,
)
)
vs.
)
)
RED RIVER RESOURCES, INC., and
)
KARL ELLER,
)
)
Counterclaim-Defendants. )
__________________________________________)

No. 2:11-cv-2589-HRH

SPECIAL MASTER’S REPORT AND RECOMMENDATION
REGARDING ENTRY OF JUDGMENT
Plaintiff Red River Resources, Inc. (“Red River”), Defendant Collazo and
Counterclaim-Defendants Red River and Karl Eller have reached a settlement but are
unable to reach agreement as to the form of Judgment. The Special Master and the
parties have spent considerable time seeking to reach such an agreement, but are unable
to do so. The parties and their counsel have, at all times, worked cooperatively and in
good faith.
1

One of the parties has requested that the issues related to the form of judgment be
heard ab initio by Your Honor.

The Special Master’s reading of his authority as

reflected in the Order of Appointment (Docket No. 183), thus precludes a
recommendation on the related issues.1

Regrettably, even a recommended briefing

schedule becomes intertwined with the parties’ positions on the merits, given the
interplay with the Bankruptcy Court.
For these reasons, the Special Master’s recommendation is that the parties submit
to the Court by Friday September 27, 2013, the following:
1) A form of judgment acceptable to that party;
2) Any motions which the party considers to relate to the entry of judgment; and
3) A proposed briefing schedule for any motions filed by that party or, if a party
has not filed any motions, a proposed briefing schedule for any motions expected
to be filed by the opposing party.
After receiving these documents, this Court will be in a position to resolve the issues
before it on a timetable it determines to be appropriate. The Special Master will continue
to be available pursuant to the Order of Appointment as needed by the Court or requested
by the parties.

Dated: September 19, 2013

/s/ Daniel A. Barker
Judge Daniel A. Barker (Ret.)
Special Master
2838 E. Cotton Court
Gilbert, Arizona 85234
[e-mail]
480-250-0789

1

This issue is not a discovery matter. In those instances, the Order of Appointment authorizes the Special
Master to perform the following: “Perform duties consented to by the parties . . . Make recommendations
for pre-trial management or other actions that may expedite this matter, make it more economical for the
parties, or otherwise enhance the administration of justice in this matter.” (Docket No. 183, ¶ 5 (a) and (d).
Given the lack of agreement under 5 (a), the Special Master is not of the opinion that 5 (d) is satisfied with
regard to this particular issue.

2