Opinion
11269-17
03-24-2022
CRESTEK, INC. & SUBSIDIARIES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Patrick J. Urda Judge
This case is set for trial for a date and time certain on April 26, 2022, at 10:30 a.m. at the Court's New York, New York, trial session. On January 4, 2022, the Commissioner filed a motion to compel production of documents in response to his second request for production of documents, seeking books, records, and payments regarding the alleged theft loss suffered by petitioner Crestek, Inc. and Subsidiaries (Crestek). Crestek thereafter filed a response.
On March 18, 2022, the Court held a conference call to better understand whether any documents remained outstanding. During the call, Crestek stated that it had provided to the Commissioner all of the documents in its possession or control regarding the alleged theft loss. In light of this representation, we will deny the Commissioner's motion to compel production of documents. Should Crestek belatedly discover additional documents about the topics covered in the Commissioner's second request for production of documents, it must first seek leave of the Court.
During the call, the parties also discussed scheduling matters. Based on these discussions, the Court will extend the due date for motions in limine. Accordingly, it is
ORDERED that respondent's motion to compel production of documents, filed January 4, 2022, is denied. It is further
ORDERED that petitioner may not introduce additional evidence regarding the topics covered in respondent's second request for production of documents without leave of the Court. It is further
ORDERED that the November 8, 2021, pretrial scheduling Order, as amended on February 24, 2022, is further amended as follows:
(6) April 8, 2022:
(a) The parties shall file all motions in limine, other evidentiary motions, or motions to shift the burden of proof.
All remaining pretrial scheduling dates as amended in the February 24, 2022 Order remains the same. 2