Kearney Partners Fund, LLC v. United States of America

Filing 151

ORDER re 148 MOTION for clarification re 147 Order on motion to compel MOTION for reconsideration MOTION for clarification re 147 Order on motion to compel filed by Kearney Partners Fund, LLC, Lincoln Partners Fund, LLC,, Lincoln Partners Fund , LLC, Nebraska Partners Fund, LLC. The Defendant United States of America (Internal Revenue Service) is hereby directed to file a response to the Plaintiffs Motion for Clarification 148 on or before January 28, 2013, or the Court will consider the Motion as unopposed.Signed by Magistrate Judge Sheri Polster Chappell on 1/14/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KEARNEY PARTNERS FUND, LLC, by
and through Lincoln Partners Fund, LLC,
Tax Matters Partner
Plaintiff,
v.

Case No: 2:10-cv-153-Ftm-99SPC

USA,
Defendant.
___________________________________/
ORDER
This matter comes before the Court on the Plaintiff Kearney Partner's Motion for
Clarification and Reconsideration of the Court’s Order Denying the Motion to Compel
Documents from the Defendant’s Privilege (Doc. #148) filed on December 27, 2012.

On

December 13, 2012, the Court entered an Order (Doc. # 147) denying the Plaintiff’s Motion to
Compel documents from the Defendant’s privilege log based upon the Deliberative Process
Privilege. The Plaintiff moves the Court for reconsideration regarding specific documents where
the Defendant only asserted the Attorney Client Privilege or the Work Product Privilege. To
date, the Defendant has not filed a response to the Motion for Clarification. Therefore, the Court
will direct the Defendant to file a response to the Motion for Clarification. Otherwise the Court
will consider the Motion as unopposed.
Accordingly, it is now
ORDERED:

The Defendant United States of America (Internal Revenue Service) is hereby directed to
file a response to the Plaintiff’s Motion for Clarification (Doc. # 148) on or before January 28,
2013, or the Court will consider the Motion as unopposed.
DONE and ORDERED in Fort Myers, Florida this 14th day of January, 2013.

Copies: All Parties of Record

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