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Red River Resources, Inc. v. Mariner Systems, Inc.

United States District Court, Ninth Circuit

September 19, 2013

RED RIVER RESOURCES, INC., Plaintiff,
v.
MARINER SYSTEMS, INC., XYBERSECURE, INC., CARLOS M. COLLAZO, NEIL M. PARK, ROBERT A. ORTALDA, JR., and RICK MAHARAJ, Defendants. MARINER SYSTEMS, INC., Counterclaim-Plaintiff,
v.
RED RIVER RESOURCES, INC., and KARLELLER, Counterclaim-Defendants.

SPECIAL MASTER'S REPORT AND RECOMMENDATION REGARDING ENTRY OF JUDGMENT

DANIEL A. BARKER, Special Master.

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.

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 ...


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