Opinion
00-C-737-C
September 7, 2001
ORDER
Plaintiff United States of America has moved for summary judgment as to defendant Richard W. Olsen and for default judgment as to defendant Bank of Deerfield. In support of its motion, plaintiff states in its brief that it has produced certified transcripts that constitute prima facie evidence that the tax assessments against defendant Olsen are valid and that the amounts are correct. The certified transcripts to which plaintiff refers are not in the record on file with this court. Additionally, plaintiff refers to a declaration of Pat Kosmatka. No such declaration has ever been filed in this court.
If plaintiff wishes to rely on certified transcripts and a declaration of Pat Kosmatka, it will have to file these materials with the court promptly. It may have until September 24, 2001, in which to file the missing documents.
There is an additional problem with the proposed findings of fact filed by plaintiff. Although the instructions to the parties clearly stated that findings of fact were to be supported by citations to admissible evidence, see Procedures to be Followed on Motions for Summary Judgment, I(D), plaintiff has not included any references to supporting materials in any of his proposed findings of fact. Plaintiff should file a revised submission that complies with this court's procedures by September 24, 2001.