In Uncategorized on 05/15/2018 at 15:50

Again and again I have praised the obliging nature and helpful attitude of Judge David Gustafson. He’ll do everything but draft your papers for you, bring coffee and Krispy Kremes to the calendar call, and feed the meter while you’re waiting for your case to be called.

And he does his good deed once again by advising Monica Miller, Docket No. 9844-17, filed 5/15/18, how to set aside the toss he’s about to give her. In a designated hitter, yet.

Monica got notice back in December that the curtain was going up next week in the single-barrel city with the double-barrel name, Winston-Salem, NC, and to square away the requisite trial exhibits and pretrial memoranda with IRS.

Monica did neither thereof.

IRS moved to toss Monica and get decision for the whole SNOD, telling how Monica did not respond to precatory mail or telephone calls. Judge Gustafson ordered Monica at the end of last month to respond to IRS’ tale of nonresponse.

Monica didn’t.

Judge Gustafson: “We will therefore grant the motion to dismiss and enter decision.

“Ms. Miller is advised that, under Rule 162, the deadline for filing a motion to vacate this decision would be 30 days after entry of the decision. By so advising her, we do not imply that such a motion would be granted. If she wishes to make such a motion, Ms. Miller should come to the trial session in Winston-Salem at 10:00 a.m. on May 21, 2018, and orally make her motion at that time.” Order, at p. 2.

Even if he tosses you, he’ll help you get back in.

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