Opinion
12421-19
09-04-2024
LONGWOOD PRESERVE HOLDINGS, LLC, LONGWOOD PRESERVE INVESTORS, LLC, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Christian N. Weiler, Judge
This case was calendared for trial at a special session of the Court beginning on June 10, 2024, in Atlanta, Georgia. On March 15, 2024, respondent filed an unopposed motion for continuance of trial, which was granted, and trial of this case was continued, without date.
On August 29, 2024, the parties held a status conference with the Court to discuss respondent's pending motions to compel the depositions of third-party witnesses Thomas F. Wingard and Martin H. Van Sant. On the call was Frank Agostino, counsel for Mr. Wingard and Mr. Van Sant. Mr. Agostino and the parties discussed Mr. Wingard's and Mr. Van Sant's current medical conditions and treatment and how these issues preclude their deposition at this time. The parties discussed other means to obtain a resolution of these discovery issues, without the depositions of Mr. Wingard and Mr. Van Sant. Finally, the parties also discussed their readiness for trial in 2025. Mr. Agostino and the counsel for the parties agreed to file status reports with the Court to report the status of respondent's motions to compel, as well as to propose trial dates.
Considering the foregoing, it is
ORDERED that on before October 2, 2024, the parties are to file a written status report to confirm their readiness for trial in May or July 2025 and to propose at least two potential trial dates. It is further
ORDERED that on or before December 6, 2024, counsel for Thomas F. Wingard and Martin H. Van Sant and respondent are to file a joint written status report (or separate if preferred) outlining the then current status of respondent's pending motions to compel the depositions of third-party witnesses Thomas F. Wingard and Martin H. Van Sant, and whether or not the motions to compel have been resolved or relief on the motions are still being sought. It is further
ORDERED that the Clerk of Court shall serve this Order on Frank Agostino at 14 Washington Place, Hackensack, N.J. 07601.
For trial planning purposes, the Court notes that the courtroom in Atlanta is currently booked for the weeks beginning on April 21st, April 28th, May 5th, May 12th, June 2nd, June 13th, June 16th, and each week in September, during the year 2025.