Sukumar

Sukumar v. Direct Focus, Inc.

Good Law
349 F. App'x 163
United States Court of Appeals for the Ninth CircuitOctober 16, 2009Nos. 08-55907, 08-56130, 08-56402California688 words

Opinion

Lead Opinion

MEMORANDUM ***

In this nine-year-old breach of contract action, Plaintiff-Appellant Ponani Suku-mar (“Sukumar”) appeals a district court order adopting a special master’s post-judgment report and recommendation. Sukumar prevailed in the underlying suit over a contract for purchase of medical grade exercise equipment. In No. 05-55324, his first appeal to this court, Suku-mar claimed the district court erred in divesting itself of jurisdiction over enforcement of its judgment in Sukumar’s favor. We agreed and on remand we recommended the district court appoint a special master to aid in the enforcement of its judgment under Federal Rule of Civil Procedure 53. Sukumar now claims: (1) the special master exceeded his authority to enforce the judgment; and (2) the district court erred when it did not review the special master’s findings de novo. Suku- *165 mar’s arguments lack merit and we now affirm.

We review de novo the district court’s legal conclusions as to the scope of the special master’s Rule 53 authority and whether it performed the appropriate review. See United States v. Clifford Matley Family Trust, 354 F.3d 1154, 1161 (9th Cir.2004).

The district court has discretion to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.