In Uncategorized on 02/27/2018 at 15:57

Judge David Gustafson may not have hung around South Street in Philadelphia during the early days of The Twist, but he sure picks up on the words of Cornell Muldrow, Dee Clark and Kal Mann.

And whether or not you can’t sit down, Judge Gustafson takes the cited lyrics literally, and so instructs IRS and Joe Earl York, Docket No. 2122-17, filed 2/27/18.

Joe Earl and IRS put the pedal to the cliché and settled before trial. Judge Gustafson is appropriately commendatory for the hard work and explicit status report reflecting same.

IRS needs more time to craft and draft a decision doc that appropriately reflects the happy result. But alas, IRS asks for more time in its status report aforesaid.

Now all my readers well know this is a faux pas. And Judge Gustafson lays it on IRS in a designated hitter.

“A request for the issuance of an order should ordinarily be stated in a motion. See Rule 50(a) (‘An application to the Court for an order shall be by motion’), and parties should generally avoid putting requests for relief in documents that they file as status reports.

“Filing a motion not only simplifies the matter for the Court (enabling the immediate granting of a motion without the need for preparing an order) but also helps to assure that the Court does not overlook a request. Filing a request as a motion also helps to assure that the requesting party will comply with the requirements for motions, such as Rule 50(a), sent. 2 (‘The motion shall show that prior notice thereof has been given to each other party or counsel for each other party and shall state whether there is any objection to the motion’); respondent’s recent status report does not show such compliance.” Order, at pp. 1-2.

IRS, in Judge Gustafson’s court, notwithstanding the immortal words of Messrs. Muldrow, Clark and Mann above-cited, you can’t “slop, bop, flip flop, hip hop never stop.” Ya gotta move, move, move.

Request denied. Without prejudice.

Edited to add- Judge Gustafson has been down this road before. See my blogpost “We May Never Know,” 11/26/13.


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