Attorney-at-Law

SETTLE ORDER ON NOTICE – REDIVIVUS

In Uncategorized on 05/07/2020 at 15:58

The statistics link on my WordPress.com page tells me that the most popular of all my 3,225 posts is “Settle Order On Notice,” 6/23/17. It has received 997 views. And since Judge Mark V Holmes crafted the order that inspired that post, it is only right and proper that he gave me the sequel.

This is one for your form file, guys. No warranties, guarantees or representations, but save and tailor to suit.

EZ Lube, LLC, EZL-1 Investments, Inc., A Partner Other Than The Tax Matters Partner, Docket No. 18021-13, filed 5/7/20, has been here before, but this post has nothing to do with that, so I won’t cite to it.

Apparently a certain heavy-hitting investment bank greased the wheels in the deal at issue, and both the EZ Lubers and IRS want a whack at the pictures, descriptions and accounts that the heavy-hitters used in the process.

Unusually, the heavy hitters don’t object, but want a Rule 103 protective order.

Now generally (don’tcha love that word? You know there generally follows several thousand words of exceptions), Judge Holmes would have to pull such an order from his forms file, and tailor to suit.

But apparently an outside counsel type has one ready to hand, and incorporated same in the body of the heavy hitter’s motion for a protective order.

Now that Judge Holmes has ascended to senior status, I’m sure he’s glad to be spared the labor.

So Judge Holmes orders “…the Clerk is to attach to this Order the protective order found on pages 13 through 19 of [heavy hitter]’s … motion for a protective order.” Order, at p. 2. And send it to heavy hitter’s counsel. Maybe to settle on notice.

Practitioner, the protective order is part of Judge Holmes’ order. You might want maybe so to scan, deskew, and save to your form file. Just on the off-chance.

Takeaway- If you want someone to do something for you, make it easy, Especially judges.

 

 

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