Schneider Interests, L.P., Russ Schneider Farms, L.L.C., Tax Matters Partner - Page 10




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               We conclude that, under the circumstances of the instant               
          case, a protective order should be issued.  The order will direct           
          the parties to participate, in good faith, in informal                      
          conferences during the next 90 days.  The conferences shall be              
          directed to developing stipulated facts for purposes of the                 
          instant litigation.  After that time, if there are matters still            
          unsettled, the parties may resort to the formal discovery                   
          provisions of the Tax Court Rules.                                          
               There are two other motions to consider.  One is                       
          petitioner’s Motion for Leave to File a Reply to Respondent’s               
          Objection to Petitioner’s Motion for Protective Order, which we             
          shall deny as moot.  The other is petitioner’s Motion to Strike,            
          as unnecessarily argumentative, certain paragraphs in                       
          Respondent’s Objection to Petitioner’s Motion for Protective                
          Order, which we shall also deny.  A description of the parties’             
          positions is necessary to our consideration of a request for a              
          protective order.  To the extent that respondent may have                   
          provided more exposition than may have been necessary (obviously            
          missing the point of petitioner’s objection to proceeding with              
          formal discovery), we shall ignore it.  When and if this case is            
          submitted, we shall base our decision on the facts agreed to or             
          developed at trial and upon the arguments set forth in the                  
          posttrial briefs.                                                           








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