In Uncategorized on 03/14/2016 at 14:24

Judge Laro is on Guidant’s case in Guidant LLC f.k.a. Guidant Corporation, and Subsidiaries, et al., Docket No. 5989-11, filed 3/14/16 (Pi Day, for you mathematically-enabled types). And he’s got RuPaul’s advice for the Guidant crowd.

IRS wants to nail Guidant with 28 (count ‘em, 28) new interrogatories, notwithstanding trial scheduled for July in the City of Broad Shoulders.

Guidant yelps that IRS’ latest barrage is “…overbroad and unduly burdensome and are not simple, concise, and concerning matters relevant to this case. In addition, [Guidant] argue that [IRS] had an ample opportunity to obtain all of the requested information through informal consultations with petitioners in the prior years, but failed to do so.” Order, at p. 1.

Y’all can save this laundry list for your next opposition papers, and the best of luck to you.

Doesn’t help Guidant.

Judge Laro: “[IRS] contends that it seeks relevant information that respondent needs to develop and prepare this case for trial. Respondent explains that the additional interrogatories are needed to either receive responses to the questions previously asked by respondent informally but not answered by petitioners by the deadline to issue formal discovery requests or to get answers to the follow-up questions respondent has in connection with the recently obtained through informal discovery documents. In addition, respondent explained that he compiled the interrogatories in compound questions for the sake of clarity and organization.” Order, at p. 2.

Before you say “Hey, wait a minute. Isn’t the rule 25 interrogatories max?”, remember Rule 71(c)(1). You can ask for more, and get them, subject to not vexing, harassing, oppressing or otherwise overburdening the other side.

And Judge Laro realizes this is a billion-dollar deficiency.

“After reviewing the arguments raised by the parties, we conclude that [IRS’] request is reasonable in the light of the pretrial deadlines on which the parties have previously agreed and upcoming trial in these cases. [IRS’] request is not unduly burdensome or expensive because these cases involves multiple entities and complex transactions with the overall amount in controversy measured in billions of dollars. We do recognize that granting this motion will necessitate many additional hours of work for [Guidant] and their counsel, but this is not unexpected for a case of such magnitude and importance.” Order, at pp. 2-3.

So, chaps, remember RuPaul and get to work. I hope y’all are on the clock.



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