Joshi Technologies International, Inc. v. Chi Operating, Inc.
Filing
147
SECOND ORDER REINSTATING SPECIAL MASTER by District Judge Kenneth J. Gonzales. (tah)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSHI TECHNOLOGIES
INTERNATIONAL, INC.,
Plaintiff,
vs.
Civ. No. 15-467 KG/CG
CHI ENERGY, INC.,
Defendant.
SECOND ORDER REINSTATING SPECIAL MASTER
The Court reinstates Tim Smith as Special Master until February 1, 2020.1 The Court
makes this reinstatement or reappointment pursuant to Fed. R. Civ. P. 53 and the inherent
authority of the Court. See Sibley v. Spirit Nextel Corp., 298 F.R.D. 683, 685 n. 3 (D. Kan.
2014) (“Beyond the provisions of [Fed. R. Civ. P. 53] for appointing and making references to
Masters, a Federal District Court has the inherent power to supply itself with this instrument for
the administration of justice when deemed by it essential.”) (internal quotation marks omitted)
(citing Schwimmer v. United States, 232 F.2d 855, 865 (8th Cir. 1956)).
The Court finds it appropriate to reinstate the Special Master so that he will continue to
serve as an unbiased and objective advisor, who will aid the Court in its determination of issues
of law and fact.
As the Court stated in its Order of Reference (Doc. 97) at 2, the Special Master will be
accountable only to the Court and will not be supervised by Plaintiff or Defendant. The Special
Master is independent from Plaintiff and Defendant.
1
The Special Master’s term of appointment expired July 1, 2019. (Doc. 119) at 1.
No later than thirty (30) days from the date of entry of this Second Order Reinstating
Special Master, the Special Master shall submit a proposed budget for the term of this
appointment, including any expenses necessary to effectively carry out his duties. The Special
Master may consider for his proposed budget the costs including, but not limited to, those
associated with employing necessary consultants and technical, administrative, clerical, and
support staff, and costs associated with necessary equipment, travel, and operating expenses.
The parties will have seven (7) days from the receipt of the proposed budget to file any
objections to the proposed budget. Once the Court has reviewed the proposed budget and any
objections, the Court will decide whether to approve the proposed budget.
The Special Master shall keep a record of his fees and expenses, which will be made
available for inspection upon the request of the Court or the parties. The Special Master will
submit monthly statements to the Court for its approval. Upon the Court’s approval of the
statements as reasonable, the parties will have thirty (30) days to pay their respective equal
portion of the bill. The Court will communicate its approval to the parties via email.
Confidential portions of the record of fees and expenses will reflect general statements of the
action or item charged. The parties will bear the costs equally.
At any time during the Special Master’s tenure, either party may file a motion with the
Court concerning the conduct or replacement of the Special Master.
IT IS SO ORDERED.
_______________________________
UNITED STATES DISTRICT JUDGE
2
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