Opinion
NO. C 04-04310 JW
10-19-2011
Princeton Stategic Investment Fund LLC, et al., Petitioners, v. United States of America, Respondent.
ORDER PROVIDING NOTICE OF
POSSIBILITY OF GRANTING PARTIAL
SUMMARY JUDGMENT TO
NONMOVANT
This case is scheduled for a hearing on Respondent's Motion for Summary Judgment on October 24, 2011. Petitioners have not cross-moved for summary judgment or partial summary judgment.
Federal Rule of Civil Procedure 56(f)(1) provides that a court may, after providing notice and a reasonable time to respond, grant summary judgment for a nonmovant. Fed. R. Civ. P. 56(f)(1).
Upon review of Respondent's Motion, the Court hereby gives notice to the parties that the Court may grant partial summary judgment to Petitioners on the issue of whether a Gross Overvaluation Misstatement Penalty was properly assessed against Petitioners. The Court has considered all argument and evidence submitted by the parties to date on this issue.
(See Respondent's Motion for Summary Judgment, Docket Item No. 34; Princeton Strategic Investment Fund, LLC and Presidio Growth LLC's Opposition to Respondent's Motion for Summary Judgment, Docket Item No. 38; Respondent's Reply to Petitioner's Opposition to Respondent's Motion for Summary Judgment, Docket Item No. 41.)
Should the government wish to respond to this Notice, it may file further supplemental papers on or before October 21, 2011 at noon.
JAMES WARE
United States District Chief Judge
THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:
Adair Ford Boroughs
David A. York
Margaret Tough
Martin Aaron Schainbaum
Steven Mark Bauer
Stuart David Gibson
Thomas Moore
Richard W. Wieking, Clerk
Susan Imbriani
Courtroom Deputy