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)

Download PDF
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 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?