No, not a lyric from The Pied Piper, Steve Duboff’s and Artie Kornfeld’s one-off wonder that sparked the career of Crispian St. Peters in 1966, but rather STJ Lewis (“Oh, Can He Spell”) Carluzzo sending an Order to Garry Zephyr & Marthe R. Menard, Docket No. 22613-11S, filed 6/2/14.
Remember Garry & Marthe? No? Then take a quick peek at my blogpost “I Was Misinformed”, 1/6/14, when Garry & Marthe showed up at IRS counsel’s office for the trial that was to take place at the Courthouse.
But even though STJ Lew tossed Garry & Marthe at New Year’s, he lets them back in today. Garry & Marthe ask for a vacation, that is, STJ Lew should vacate the Order kicking them to the curb.
Being a big-hearted guy and having such a great first name, STJ Lew relents.
“Giving due regard to the representations contained in the affidavit filed in support of petitioners’ motion for reconsideration, because the address given for the place of trial contained in the first notice might have caused some of the confusion complained about by petitioners with respect to the location for trial, and because dismissal is a harsh remedy, we will give petitioners the benefit of the doubt and grant them the relief they now seek. We do so reservedly, however, because (1) we disagree with petitioners’ contention that correspondence received from respondent’s counsel directed or otherwise misled them to appear at the wrong address on October 28, 2013; and (2) petitioners’ apparently have thus far failed to communicate with respondent’s counsel to the extent necessary in order to prepare a stipulation of facts. See Rule 91.” (Footnote omiotted.) Order, at p. 2.
So STJ Lew tells Garry & Marthe where it’s at: “In due course, and unless the case is resolved sooner without the need for trial, the parties will be served with a third notice setting the case for trial. That notice will show the address where the trial will be conducted, and unless otherwise notified by the Court, that is the address where petitioners will be expected to appear at the designated time and date.” Order, at p. 2.
So, Garry & Marthe, get with the program, stipulate or capitulate, but above all, be there or beware.