Attorney-at-Law

“ICH HABE GENUG”

In Uncategorized on 03/07/2018 at 16:22

Today the title of J. S. Bach’s cantata BWV 82 sums up the ongoing purge of non-motion requests for extensions of time carried out by That Obliging Jurist, Judge David Gustafson.

See my blogpost “Ya Gotta Move, Move, Move,” 2/27/18.

Since rock ‘n’ roll didn’t work, today Judge Gustafson goes for the classics in Broad River Holdings, LLC, Broad River CE Manager, LLC, Tax Matters Partner, Docket No.22635-15, filed 3/7/18.

It’s the same with the Broads as with Joe Earl York and the IRS. They’re trying, they really are, to schedule anything else they have to do, but they’re snagged on the SOL for the various Broad partners.

Judge Gustafson gave them two months to “get ‘er done” back in January. They did report on time, but their report asks for more time.

No, says Judge Gustafson.

“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”). Following this procedure helps assure that a request is not overlooked. 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. The parties’ request appears reasonable, but under Rule 50(a) it should have been presented by motion and not as an informal request in a status report.” Order, at p. 2.

At least both parties in this case agree that they need more time.

Of course, clever counsel use the status report to wildcard in all manner of stuff. See my blogpost “Chai, Chai, V’kayom,” 4/18/17. BTW, a docket search reveals that my colleague not only moved, he filed two amendments to the petition, and the parties are still jousting.

C’mon, guys, move.

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