I want to give the trusty attorneys for Southland Aggregate, LLC, Green Creek Resources, LLC, Tax Matters Partner, Docket No. 2148-24, filed 9/18/25, whose names are set forth at p. 8 of said order, a Taishoff “Good Try, Hail Mary Division, Third Class, with Titanium Clasp.”

It’s another Rule 248(b)(4) last-minute jump-in, when the motion for entry of decision in the settled Dixieland Boondockery is about to be inked. I’m not going to link to my blogposts, which have beaten this move to death. Judge Adam B. (“Sport”) Landy cites all the relevant caselaw, which said trusty attorneys seem to have missed (see infra, as my expensive colleagues would say).

This one has the wannabes voting in favor of settlement, but now claiming it will cost them money. As usual, they don’t claim the TMP misled or ghosted them.

But the trusty attorneys come into their own when they claim to be ready to try the case in January, and then walk it way back. Judge Sport Landy is positively douce.

“When questioned by the Court about the timing of a trial on the merits in this case, counsel for the Objecting Nonparticipating Partners indicated they would be ready for trial in January 2026. Upon further questioning, however, counsel for the Objecting Nonparticipating Partners became noncommittal on timing, stating that once this case is calendared for trial ‘[they] can hit the ground running and proceed with the case, [they] would have a better idea of what would – what’s needed to get to trial. So I don’t want to say conclusively that January [2026] [they]’d be ready.’ Counsel for the Objecting Nonparticipating Partners indicated during the hearing that they understood the risks of litigating this case on the merits and were prepared to see it through to any potential appeals. However, they admitted that they had not read several recent Court decisions that are relevant to many of the issues in this case. We also note that counsel for the Objecting Nonparticipating Partners acknowledged that they have never tried a conservation easement case. Given that the Objecting Nonparticipating Partners have not conducted any independent discovery or engaged any expert witnesses, read any of the pleadings in the case, or taken any steps to review the 2017 Form 1065 return and its accompanying appraisal, we determine that the Objecting Nonparticipating Partners would not be ready for trial by January 2026. While the Objecting Nonparticipating Partners may be willing to proceed to a trial on the merits in this case, they failed to demonstrate their readiness and ability to do so.” Order, at p. 7.