Opinion
21071-19 21078-19 21097-19
08-24-2023
TIMOFEY N. OBEREMOK & ZHANNA V. OBEREMOK ET AL., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Cary Douglas Pugh, Judge
These cases are set for trial at the Court's September 11, 2023, Spokane, Washington special trial session. These cases have been set for trial and continued on three prior occasions, twice on petitioners' motion and the third time by the Court after petitioners' prior counsel raised an unwaivable conflict of interest at the call of the case from the calendar on January 17, 2023. Petitioners thus should have been ready for trial in January when petitioners' prior counsel identified the unwaivable conflict on the eve of trial which formed the basis for the third continuance.
On August 10, 2023, petitioners filed a third Motion for Continuance to which respondent objects. The Court understands the predicament faced by petitioners' new counsel but is not satisfied that petitioners have provided sufficient grounds for continuance given the time that these cases have been pending. We therefore will set petitioners' motion for hearing at the September 11, 2023, special trial session so that petitioners can explain, on the record and in detail, what documents are being used to reconstruct petitioners' books and records; where those documents are located; and when those documents were provided to respondent (or if they have not been provided why they have not been provided yet).
Upon due consideration and for cause, it is hereby
ORDERED that petitioners' Motion for Continuance, filed August 10, 2023, is set for hearing at the Court's Spokane, Washington special trial session scheduled to commence on September 11, 2023, at 10:00 am at the U.S. District Court & U.S. Bankruptcy Court, U.S. Post Office Building,West 904 Riverside Avenue, Spokane, WA 99201.
Unless petitioners can establish good cause for another continuance, the Court intends to deny their motion and proceed to trial.