Attorney-at-Law

CHIEF JUDGE FOLEY, MEET JUDGE GUSTAFSON

In Uncategorized on 04/02/2021 at 15:23

I can understand the confusion, given the high volume of cases and the virus-induced need to teletubby. But Judge David Gustafson waved off Dean Kalivas last October, when Dean tried to amend his petition but missed the cutoff. See my blogpost “Judge On A Tear – Frivolite Beware!” 10/20/20.

Today Ch J Maurice B (“Mighty Mo”) Foley is dealing with a proposed amendment in Geri M. McNeil, et al, Docket No. 25394-17, filed 4/2/21. It’s all about Dean, the et al., who asked to file an amendment to his petition last month.

Ch J Mighty Mo directs IRS to make known any objection.

What about Judge Gustafson? Was he taken off the case? Maybe I missed the order that did, or maybe the bankruptcy proceedings Dean and Geri were involved in automatically took Judge David Gustafson off the case. Whatever, I would have thought Judge David Gustafson’s order last October is law of the case on the filing of an amended petition. And that order didn’t say “without prejudice.”

But maybe Ch J. Mighty Mo was distracted by IRS’ motion for a new trial. A quick docket search doesn’t show an old trial. Howbeit, Ch J Mighty Mo charitably recharacterizes this as a motion to calendar for trial. How that interfaces with Dean’s try for an amendment to his petition will be interesting to watch.

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