Opinion
12922-16 12923-16
09-25-2023
BRC OPERATING COMPANY LLC, BLUESCAPE RESOURCES COMPANY LLC, TAX MATTERS PARTNER, et al. Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Cary Douglas Pugh, Judge
These consolidated cases were continued for trial from the Court's March 18, 2024, Dallas, Texas Special Trial Session and bifurcated between Special Trial Sessions commencing May 13, 2024, in Dallas, Texas, and May 20, 2024, in Washington, D.C. On September 21, 2023, the parties filed a Joint Motion to Revise Pretrial Scheduling Order setting forth a revised proposed pretrial schedule. Upon due consideration and for cause, it is hereby
ORDERED that the parties' Joint Motion to Revise Pretrial Scheduling Order, filed September 21, 2023, is granted, and the January 23, 2023, pretrial scheduling Order is amended in that it is
ORDERED that the parties shall file any motions to compel formal discovery, or to review the sufficiency of admissions, productions of documents, or interrogatories on or before September 29, 2023. It is further
ORDERED that the parties shall submit directly to the undersigned, and serve on the opposing party, case-in-chief expert witness reports on or before November 10, 2023. It is further
ORDERED that the parties shall exchange, for each expert, a list of documents and other information considered by that expert in forming his or her opinions and exchange all documents considered by the expert but not previously produced during the stipulation and discovery process on or before November 17, 2023. The parties also shall exchange copies of all workpapers prepared or used in connection with the expert witness reports, except those protected from discovery by Tax Court Rule 70(c)(3) and (4). A case-in-chief expert witness for whom a report is not exchanged under this paragraph will not be permitted to testify without approval of the Court before trial, as provided in Tax Court Rule 143(g)(3). It is further
ORDERED that the parties shall file a brief statement of position, outlining the legal issues and a brief statement of the parties' respective legal positions on or before November 22, 2023. It is further
ORDERED that the parties shall identify any potential rebuttal expert witnesses whose expert reports were not served under the previous paragraphs on or before November 22, 2023, by exchanging (i) the expert's name and business address, (ii) the expert's curriculum vitae; and (iii) a summary of anticipated topics of the expert's testimony. It is further
ORDERED that the parties shall submit directly to the undersigned, and serve on the opposing party, any rebuttal reports of expert witnesses on or before December 22, 2023. It is further
ORDERED that the parties shall exchange, for each rebuttal expert, a list of documents and other information considered by that expert in forming his or her opinions and exchange all documents considered by the expert but not previously produced during the stipulation and discovery process on or before December 29, 2023. The parties also shall exchange copies of all workpapers prepared or used in connection with the expert witness reports, except those protected from discovery by Tax Court Rule 70(c)(3) and (4). A rebuttal expert witness for whom a report is not exchanged under this paragraph will not be permitted to testify without approval of the Court before trial, as provided in Tax Court Rule 143(g)(3). It is further
ORDERED that the parties shall serve notices of deposition on expert witnesses on or before December 29, 2023. It is further
ORDERED that the parties shall file motions related to expert witness depositions on or before January 12, 2024. It is further
ORDERED that the parties shall complete any depositions of expert witnesses on or before February 8, 2024. It is further
ORDERED that the parties shall file any motions to compel stipulation under Tax Court Rule 91(f) on or before February 16, 2024. It is further
ORDERED that the parties shall file any dispositive motions, including motions for partial summary judgment on or before March 1, 2024. It is further
ORDERED that the parties shall file any other pretrial motions, including motions in limine with regard to expert witness reports or other evidentiary issues, on or before March 15, 2024. It is further
ORDERED the parties shall file any responses to dispositive motions on or before April 5, 2024, unless otherwise ordered by the Court. It is further
ORDERED that the parties shall file any oppositions to any motions to compel stipulation by April 5, 2024. It is further
ORDERED that the parties shall submit to the Court and serve on the opposing party pretrial memoranda on or before April 12, 2024. The pretrial memoranda shall set forth the issues to be tried, along with a summary of relevant facts and applicable law with respect thereto, in sufficient detail to enable the Court to decide the case in its entirety by addressing each of the issues listed. The pretrial memoranda also shall identify any evidentiary issues expected to arise at trial, as well as any other significant issue on which a ruling will be required by the Court. The pretrial memoranda shall identify all witnesses expected to testify at trial, including expert witnesses, and shall include brief summaries of the anticipated testimony of those witnesses, including, in the case of expert witnesses, the nature of their testimony and the question(s) on which they are expected to opine. Witnesses who are not so identified will not be permitted to testify at trial without leave of the Court upon sufficient showing of good cause, although the parties may reserve the right to call witnesses listed by the other party, or for the purpose of rebuttal or impeachment, or to testify about documents or evidence obtained after the date of the pretrial memoranda. It is further
ORDERED that the parties shall exchange final exhibit lists, any documents anticipated to be offered into evidence that were not previously exchanged (excluding documents produced under previous paragraphs of this Order, or subject to subpoena, or documents intended solely for impeachment) and any demonstrative evidence on or before April 19, 2024. Any documents not so identified and exchanged will not be received into evidence unless otherwise agreed to by the parties or allowed by the Court upon sufficient showing of good cause. It is further
ORDERED that the parties shall file any oppositions to any motions in limine on or before April 26, 2024. It is further
ORDERED that the parties shall exchange any demonstrative exhibits on or before May 3, 2024.