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Joshi Technologies International, Inc. v. Chi energy, Inc.

United States District Court, D. New Mexico

March 6, 2018

JOSHI TECHNOLOGIES INTERNATIONAL, INC., Plaintiff,
v.
CHI ENERGY, INC., Defendant.

          ORDER OF REFERENCE

         Pursuant to the Court's “Order Selecting and Appointing the Special Master, ” entered on January 5, 2018, appointing Tim Smith as Special Master under Fed.R.Civ.P. 53, (Doc. 95), the Court now enters this Order of Reference detailing the term of his appointment, the scope of his duties, his authority, and compensation.[1] The Court appointed Mr. Smith to serve in his capacity as Special Master as an unbiased and objective advisor, who will evaluate the interests in this litigation to aid the Court in determining the issues of law and fact.

         On January 22, 2018, pursuant to Rule 53(b)(3)(A), Mr. Smith filed a “Special Master Affidavit, ” in which he attested that he is not disqualified to serve as Special Master under 28 U.S.C. § 455(b). (Doc. 96). Neither party has objected to Mr. Smith's affidavit. Therefore, the Court now details the scope of Mr. Smith's appointment as Special Master.

         I. The Special Master Shall Be Accountable to the Court

         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. Pursuant to Rule 53(b)(2)(B), however, the Special Master may consult with Plaintiff or Defendant ex parte for the sole purpose of collecting information regarding the interests at issue in this litigation.

         II. Duties, Term, and Authority of the Special Master

         Considering the September 1, 2012, transaction at the heart of this dispute, the Special Master's task is to assist the court in determining what assignments were purportedly made, the fair market value of such assignments, and any potential damages related to this transaction. The Special Master will proceed with all reasonable diligence in making his determinations. The scope of his term, work, duties, and authority include:

A. The Special Master is appointed to serve until September 14, 2018, subject to any extension the Court deems necessary.
B. The Special Master's duties are as follows:
1. calculate the fair market value of Joshi's share of the leasehold interests and wellbores, in the Assignment and Bill of Sale (Doc. 1-3), including those listed in Exhibit A (Doc. 1-3 at 4-5) and those properties listed in the September 10, 2012, letter, (Doc. 1-2), as of September 1, 2012;
2. calculate the fair market value of Joshi's share of the wellbores listed in Exhibit A of the Assignment, as of September 1, 2012, (Doc. 1-3 at 4-5);
3. calculate the fair market value of Joshi's share of the relevant so-called “Zircon Wells, ” as of September 1, 2012;
4. if necessary, calculate the fair market value of Joshi's deep rights as described in the Assignment and Bill of Sale (Doc. 1-3), including those listed in Exhibit A (Doc. 1-3 at 4-5) and those properties listed in the September 10, 2012, letter (Doc. 1-2), as of September 1, 2012;
5. account for all revenues and costs beginning September 1, 2012, through March 1, 2018, attributable to Joshi's share of the leasehold interests and wellbores, described in the Assignment and Bill of Sale, Exhibit A, and September 10, 2012, letter (Docs. 1-2 and 1-3);
6. account for all revenues and costs beginning September 1, 2012, through March 1, 2018, attributable to Joshi's share of the wellbores listed in Exhibit A of ...

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