Cadrecha case delay!
- The Cadrecha case is the one I got involved in as a result of a column on Forbes from Peter J. Reilly about the case. When I got involved it was my opinion that the IRS had really bungled the case and the Justice Department was more intent at defending the bungling that "doing the right thing". The case appealed and is pending before the Appeals Court. The final Government brief was due by this Friday, but the Government has asked for a 30 day delay; Cadrecha has just filed (September 4, 2012) advising the Court that he had no objection to the delay. Maybe it will be a good thing. Maybe the Government will, with the additional time to think about it, concede the case as it should.
Here's the motion from the Government asking for and explaining the delay:
IN THE UNITED STATES COURT OF APPEALS
FOR THE FEDERAL CIRCUIT
ROBERT N. CADRECHA and
v. No. 12-5089
MOTION FOR EXTENSION OF TIME
FOR FILING APPELLEE'S BRIEF
The United States, appellee herein, through its counsel,
respectfully moves this Court for a 32-day extension of
time, from September 7, 2012, to and including October 9,
2012, for filing its brief in the above-captioned case.
In support of this motion, counsel states
The appellants' corrected opening brief was filed on
July 26, 2012.
Pursuant to the Court's order of July 24, 2012, the
appellee's brief is currently due to be filed on
September 7, 2012.
The preparation of the United States's answering brief
in this appeal is assigned to me.
I did not represent the Government in the court below
and, accordingly, need additional time to review the
record and to prepare the Government's answering brief
in this case.
In reviewing the record, this office has determined that
it will be necessary for us to confer with the Chief
Counsel of the Internal Revenue Service respecting the
Government's position in this case.
This consultation between the Department of Justice and
the Internal Revenue Service will likely take several
weeks, making it impossible for the Government to meet
the present September 7, 2012, deadline for filing the
I have exercised diligence in this matter and, barring
unforeseen circumstances, will file the Government's
brief by October 9, 2012.
I have contacted the office of the appellants' counsel,
William Kalish, Esquire, and have left a message
informing him that the Government will be seeking the
requested extension. I have been unable to determine
whether the appellants object to the extension, as
Mr. Kalish is presently away from his office.
Wherefore, the United States respectfully prays that the
time for filing its answering brief be extended for 32
days, to and including October 9, 2012.
/s/ Carol Barthel
Attorney, Appellate Section
Department of Justice
Post Office Box 502
Washington, D.C. 20044
Counsel for the Appellee
Dated: This 31st day of August, 2012