In Uncategorized on 12/20/2016 at 14:21

Or, “Tell The Judge I’m Busy – Twice”

Apparently partner other than tax matters partner Bruce Eileff doesn’t read my blog, but I don’t feel like the Lone Ranger, because he apparently doesn’t read Judge Chiechi’s orders, either.

For the backstory on Bruce and his counsel, see my blogpost “Tell The Judge I’m Busy,”11/15/16.

Well, did Bruce and counsel bestir themselves, do the numbers, and hand in the result of their lucubrations at their Rule 155 beancount?

Negatory, good buddy.

Here’s Judge Chiechi, patient as Job, although her patience is wearing a wee bit thin. The case is still Taishan Investments, LLC, Bruce Elieff, Partner Other Than The Tax Matters Partner, Docket No. 8404-13, filed 12/20/16.

The parties report their status, in part, thus:

“5. Petitioner Elieff informed his counsel today that he has been tied up with three arbitrations in the past month and will start reviewing the proposed closing agreement this week.

“6. Petitioner’s counsel contacted Petitioner Elieff’s CPA on December 16, and December 19, 2016. The CPA estimates that he will probably finish reviewing the closing agreement by this week, and he will be on vacation next week.

“7. The CPA expects to work with Respondent when he returns to work to review the numbers in the closing agreement.

“8. Petitioner’s counsel expects that the review of the closing agreement can be finished sometime in late January, 2017, absent any disagreements on the terms.” Order, at p. 1.

“It appears to the Court that neither petitioner or petitioner’s counsel places a priority on finalizing the closing agreement. As far as the Court is concerned, petitioner should have spent his time reviewing the closing agreement sent to him, instead of spending his time on three arbitrations. Moreover, the Court does not understand why it will take almost a month for the CPA, petitioner, and respondent’s counsel to verify the computations relating to the closing agreement.” Order, at pp. 1-2..

Now as for the CPA going on vacation, I don’t fault him/her, as shortly I will be going on an extended vacation. I’ve thoroughly cleared my desk in anticipation thereof, and propose to be incommunicado for a couple weeks (hi, Judge Holmes, I’m going to miss your colloquialisms).

But as for Bruce and counsel, it would behoove them to put the pedal to the cliché.

Judge Chiechi wants a status report a week from today in her hands, and the latest excuses don’t cut it.

“…petitioner’s counsel shall explain in detail why the closing agreement will not be finalized before the end of January 2017. In this connection, the Court will not accept as good cause the reasons set forth in the joint status report that the parties filed….” Order, at p. 2.


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