Taropff v. United States of America

Filing 62

ORDER GRANTING 56 Motion for Order to Hold Motion for Costs and Attorney's Fees in Abeyance and Setting a Response Deadline of 14 Days After Determination of the United States' Forthcoming Rule 50 and Rule 59 Motions. Defendant's 61 Motion for Extension of Time is terminated as moot. Signed by Chief Judge David R. Herndon on 4/13/11. (bjw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

JOHN A. TARPOFF,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

No. 09 - CV - 00411 DRH

ORDER
HERNDON, Chief Judge:
This matter is before the Court on defendant United States of America’s motion
to hold in abeyance plaintiff John A. Tarpoff’s motion for judgment on the jury’s
verdict and for costs and attorney’s fees (Doc. 56). A jury trial was held from March
14–16, 2011, to decide whether plaintiff was personally liable under 26 U.S.C. § 6672
for paying certain taxes that his former employer owed the IRS. The jury found for
plaintiff (Doc. 48). Plaintiff has since moved for judgment on the jury’s verdict and
for an award of costs and attorney’s fees (Doc. 55).
The instant motion states that defendant will be submitting a renewed motion
for judgment as a matter of law pursuant to RULE 50(b) of the FEDERAL RULES OF CIVIL
PROCEDURE , as well as an alternative motion for new trial pursuant to RULE 59. A
decision in defendant’s favor on either forthcoming motion could render plaintiff’s
motion for judgment and costs moot. Defendant therefore asks the Court to hold

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plaintiff’s motion in abeyance and to set a new deadline for a response thereto of 14
days after the Court renders a decision on defendant’s two forthcoming motions.
While the Court understands that plaintiff has not yet responded to defendant’s
motion for abeyance, and assumes he will oppose it, the Court determines that it is
in the spirit of fairness that defendant’s motion be granted so that the Court may
consider preliminary motions such as defendant’s RULE 50(b) and RULE 59 motions
before ruling on plaintiff’s chronologically later motion for attorney’s fees and costs.
Accordingly, the Court hereby GRANTS defendant’s motion to hold in abeyance
plaintiff’s motion for judgment on the jury’s verdict and for an award of costs and
attorney’s fees (Doc. 56). Defendant shall have 14 days after the Court renders a
decision on the two forthcoming motions to respond to plaintiff’s motion.
IT IS SO ORDERED.
Signed this 13th day of April, 2011.

David R.
Herndon
2011.04.13
04:49:27 -05'00'
Chief Judge
United States District Court

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