In Uncategorized on 04/19/2021 at 10:57

I refer to Blues Traveler’s 1994 hit off the bat of John Popper. As Mr. P put it, “Is it a sure-fire way to speed things up? When all it does is slow me down.”

Well, Judge Patrick J. (“Scholar Pat”) Urda is no slouch, as the discovery tohubohu in Janet R. Braen, Docket No. 24929-17, filed 4/19/21, is reaching a crescendo.

A dozen days ago, Judge Scholar Pat tried to herd these cats toward the courtroom. See my blogpost “Discovery Tohubohu,” 4/9/21. But meanwhile, IRS was trying to enforce a subpoena on RSM US LLP, which my sources tell me is the accounting firm f/k/a Ira B. McGladrey. RSM moved to quash (grounds unstated, but I’m sure their high-priced whiteshoe counsel have a couple). The attempted quash was a week ago.

Today, Judge Scholar Pat gave IRS until tomorrow to respond.

Taishoff says it’s good to see judges who move cases and quash discovery tohubohu and like gameplaying.

See supra.

Edited to add, 4/19/21: Looks like Judge Buch is joining Judge Scholar Pat, shutting down a long-running waltz, in Robert A. Di Giorgio, Sr., et al., Docket No. 15675-12, filed 4/19/21. Robert Sr. wants to shift the BoP.

“This case has been pending for over 8 years. During that time, the DiGiorgios have joined the IRS in 8 motions for continuance. Now as the case approaches trial, Mr. Di Giorgio is blaming the IRS for delays. If he wanted to move the case forward, he could have objected to the motions for continuance. He didn’t.” Order, at p. 1.

Time to shift something besides the BoP.


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