United States of America v. Danley et al

Filing 31

ORDER by Magistrate Judge Gregory J. Fouratt on Defendant New Mexico Department of Taxation and Revenue's Notice 30 . (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA,
Plaintiff,
v.

Civ. No. 17-179 MV/GJF

JUSTIN DANLEY, et al.,
Defendants.
ORDER
THIS MATTER comes before the Court on the “Explanation for its Inadvertent Failure to
Appear at the Rule 16 Scheduling Conference” (“Notice”) filed by Defendant New Mexico
Department of Taxation and Revenue (“NMTRD”) on September 1, 2017. ECF No. 30. The
Court has reviewed the document and is truly sympathetic to the events described therein.
Therefore, the Court HEREBY ORDERS that Melinda L. Wolinsky, counsel for
NMTRD, is excused 1 from attending the Show Cause hearing set for 10:00 a.m. at the U.S.
District Courthouse in Albuquerque, New Mexico. This Order does not, however, excuse the
attendance of the other NMTRD representative(s) previously identified in this Court’s Show
Cause Order of August 29, 2017. See ECF No. 24.
IT IS SO ORDERED.

________________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

1

Although the Court excuses Ms. Wolinsky’s physical attendance at the hearing, Ms. Wolinsky will be required to
order the audio transcript of the proceeding through the U.S. District Clerk of Court and listen to it in its entirety.
She shall do so within sixty (60) days of the proceeding, and shall file an affidavit in this cause attesting to that fact,
irrespective of whether NMTRD remains a party to the suit.