I’ve so often sung the praises of motions for summary judgment, both partial and full-dress, that I was loath to risk the patience of my readers, few but mighty, with another encomium. But Judge Albert G (“Scholar Al”) Lauber has given me a fresh example.

In Long Leaf Property Holdings, LLC, Long Leaf Manager, LLC, Tax Matters Partner, Petitioner, James Shaw & Tyson Rhame, Intervenors, Docket No. 11982-16, filed 11/13/23, there were cross-motions for partial summary J. See my blogpost “Line Up and Wait,” 8/31/22, for the backstory. IRS had its motion tossed, but the Intervenors’ cross-motion was held in abeyance.

This is Dixieland Boondockery, so maybe it’s time for trial-by-valuation.

Except.

“…the parties informed the Court that they had reached a settlement. We therefore canceled the trial of this case…vacated all pending deadlines under any orders of this Court, and directed the parties to submit decision documents or file a stipulation consenting to entry of decision…. We will thus deny as moot intervenors’ Motion for Partial Summary Judgment.” Order, at p. 1.

Motions for summary J can remind litigants of Dr. Samuel Johnson’s prisoner under death sentence: “Depend upon it, sir, when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully.”

Motions for summary J can concentrate your mind and your adversary’s wonderfully. Maybe even to a mutually acceptable result.