In Uncategorized on 11/06/2019 at 16:43

As my blogposts, and Judge Mark V Holmes’ order, all more particularly bounded and described in my blogpost “Change the Rules,” 7/2/19, have vanished into the æther, leaving “not a rack behind,” as a much finer writer than I put it, counsel for Reflectxion Resources, Inc., Docket No. 12017-16, filed 11/6/19, goes on the offensive.

“…petitioner filed a motion (Doc. 70) asking the Court to modify its order of that same date. In particular, petitioner asks the Court to require that a party serving a subpoena on a non-party give advance notification thereof to the opposing party as provided in Federal Rule of Civil Procedure 45(a)(4).” Order, at p.1.

I didn’t blog the order Judge David Gustafson referred to, as it only says the parties are to follow their agreed-upon discovery schedule. But apparently that schedule was prepared without thought to the FRCP Rule 45(a)(4) vs TC Rule 147(d) jumpball.

Now I do not arrogate credit to myself for this well-played move by a canny litigator from a prominent law firm. I am sure counsel thought outside the Bockius (sorry, guys) and came up with this unaided.

But maybe, just maybe, when IRS answers as Judge David Gustafson obliges them to do, they will stop the games and announce that, now and forever, they will notify parties when they subpoena non-party witnesses, just like the FRCP 45(a)(4) says, despite the lethargy at 400 Second Street, NW, on that score.

As that much finer writer remarked, “’tis a consummation devoutly to be wished.”

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