In Uncategorized on 05/11/2023 at 17:52

I need not state yet again how great a fan I am of summary J. It can resolve a case quickly and less expensively than a trial. It can provide a record of sworn testimony faster, more succinctly, and far cheaper than depositions. It is faster at gathering a party’s essential contentions than interrogatories, and at least comparable in speed and efficiency to notices to admit.

Best of all, it provides discovery of one’s own client, one’s adversary, and discovery of what the judge thinks of one’s case.

But Judge Mark V (“Vittorio Emanuele”) Holmes goes one better. Damian Waje Bautista, Docket No. 13903-21, filed 5/11/23, has run aground, as a companion case, which was supposed to settle out and solve the remaining problems in this one, has likewise hung up.

“The major issue is petitioner’s request for innocent-spouse relief, but the parties had largely settled that. What remained are adjustments to the original deficiency amount triggered by likely adjustments in a related case, docket number 8194-21. We continued this case to try to coordinate the two cases, which do not have the same designated place of trial. We agreed with the parties then that waiting till the other case was resolved is reasonable.

“But that case has not settled, and it then got generally continued, which means its settlement may be farther off than one would think. We spoke with the parties again today to try to figure out how to bring this case to a close.” Order, at p. 1.

So geography and arithmetic combine to frustrate Judge Holmes’ earnest efforts to perfect Damian Waje’s innocent spousery. From whence cometh salvation?

Why, summary J, the all-time, all-purpose, all-sufficient cure-all.

Judge Holmes orders as follows: “…on or before June 8, 2023 the parties shall submit settlement documents or file a stipulated administrative record that can serve as the basis for deciding this case through summary judgment.” Order, at p. 1.

His Honor gets a Taishoff “Good Job, First Class.”


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