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Taxes | Utah
Order on Motion to Stay
DOCKET TEXT ORDER: This case has been pending since 2021. On March 27, 2026, all discovery and dispositive motions deadlines, which had been extended numerous times over the years at the request of the parties, finally expired. On March 30, the court noted at ECF No. 69 that all discovery and dispositive motion deadlines had passed, that it was time to set the case for trial, and that the parties were to submit a Joint Civil Trial Notice by April 20. On the deadline, the parties moved for a 30-day extension, ECF No. 70 , expressing their view that a settlement was likely a matter of weeks away. The court granted an extension. Settlement did not occur. The next joint motion for extension of time was filed on May 20, asking for another 30 days for similar reasons. ECF No. 72 . The court granted the motion. Settlement did not occur. With the additional extension, the Joint Civil Trial Notice was due on June 19. The parties did not meet the deadline. On June 24, the court again ordered that the parties prepare a Joint Civil Trial Notice by July 15. See ECF No. 74. The order specifically stated: "No further extension to this deadline will be granted." On July 15, the parties once again failed to file the required Joint Civil Trial Notice. Instead, they filed a 75 joint motion to stay and for administrative closure. In the motion, the parties briefly discuss the reasons for why the case has not settled, express hope that settlement might be reached "this fiscal year," and then indicate a desire to file motions for summary judgment should settlement fail. The court appreciates that for a variety of reasons, the parties have struggled to advance the case expeditiously over the past five years. However, the parties misapprehend the posture of the case and the court's prior orders. The court previously informed the parties, by order, there would be no further extensions of the Joint Civil Trial Notice deadline. Instead of complying with the order, on the day of the Joint Civil Trial Notice was once again due, the parties proposed other courses of action: an "administrative closure," which is not possible; a stay, which will further delay a case whose primary hallmark has been delay; and a possible round of summary judgment motions at some unknown future date, when the final deadline for dispositive motions has long since passed. As the court noted long ago, trial is all that remains. The parties' motion is denied in its entirety. The parties will comply with the court's order to submit a Joint Civil Trial Notice meeting the standards the court has set forth in prior orders. The parties will file this Joint Civil Trial Notice no later than August 19th. If a Joint Civil Trial Notice meeting the requirements set forth in the court's prior orders is not received on or before August 19, the court will enter a 7-day order to show cause why the parties should not be sanctioned for failure to comply with this order, the order at ECF No. 73 , and the order at ECF No. 74. Signed by Judge David Barlow on 7/22/2026. No attached document. (hrl)
The court appreciates that for a variety of reasons, the parties have struggled to advance the case expeditiously over the past five years. However, the parties misapprehend the posture of the case and the court's prior orders. The court previously informed the parties, by order, there would be no further extensions of the Joint Civil Trial Notice deadline. Instead of complying with the order, on the day of the Joint Civil Trial Notice was once again due, the parties proposed other courses of action: an "administrative closure," which is not possible; a stay, which will further delay a case whose primary hallmark has been delay; and a possible round of summary judgment motions at some unknown future date, when the final deadline for dispositive motions has long since passed. As the court noted long ago, trial is all that remains.
The parties' motion is denied in its entirety. The parties will comply with the court's order to submit a Joint Civil Trial Notice meeting the standards the court has set forth in prior orders. The parties will file this Joint Civil Trial Notice no later than August 19th. If a Joint Civil Trial Notice meeting the requirements set forth in the court's prior orders is not received on or before August 19, the court will enter a 7-day order to show cause why the parties should not be sanctioned for failure to comply with this order, the order at ECF No. 73 , and the order at ECF No. 74.
Signed by Judge David Barlow on 7/22/2026. No attached document. (hrl)
Civil Rights: Other | Utah
Appeal Record Complete Notice
Please be advised the Record is complete for purposes of appeal for USCA case number 26-4091 re 33 Notice of Appeal. (bg)
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