IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
U. S. DISTRICT COURT ~— DE
Rrcr
v. ) Civil Action No. nw
UNITED STATES OF AMERICA, 3
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Respondent. ; S5: t
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COMES NOW THE PETITIONER, Rickey Dean Hardee, ("I-Iardee") by and thgugh
attorneys, The Bernhoft Law Firm, S.C., (Attorney Robert E. Barnes, pm hctc vice application
pending), and respectfully moves this Court to waive the requirements of Local Rule 83.5(d). R
First, the Bernhoft Law Firm focuses its legal representation in federal civil and criminal g
tax matters and is intimately familiar with the rules and laws governing these proceedings.
Counsel has been admitted to practice in three separate state jurisdictions, admitted before
Federal Circuit Courts of Appeals across the country, and admitted pro Imc vice, for civil
summons and criminal tax litigation, in federal courts from Maine to Washington, Florida to
California. Counsel understands and will abide all local rules and protocols.
Second, the cost to Hardee is significant and substantial without waiver of these rules.
Hardee has been served with twenty surnmonses, eighteen of which he is petitioning to quash. A
federal district court only has jurisdiction to entertain a petition to quash in the district wherein
the third—party record—keeper resides. See 26 U.S.C. § 7609(h). The eighteen recordekeepers are
found in fourteen different federal district courts. If Hardee had to obtain local counsel for each,
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Case 1:07-mc-00100-JJF Document 5 Filed 05/29/2007 Page 2 of 2
he would be required to retain an additional fourteen lawyers in fourteen separate legal actions.
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Therefore, the cost of locating counsel in fourteen districts would be unnecessarily burdensome. '
Finally, summons litigation is usually expeditious, with modest discovery and a single
evidentiary hearing, procuring local counsel would complicate and burden the litigation, not
mitigate and minimize it.
With counsel familiar with and experienced in this special subject matter, the substantial
costs of obtaining local counsel, and without the risk of protracted litigation, good cause exists to _
waive the formal requirements of Local Rule 83.5(d). I
WHEREFORE, for all the foregoing reasons, the Petitioner, Ricky Dean Hardee,
respectfully requests an order from this Court waiving the requirements of Local Rule 83.5(d).
Respectfully submitted on this the 25th day of May, 2007. ,
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Bernhoft Law Firm, S.C. `
Attorneys for the Petitioner
Robert E. Barnes, Esquire E .
Pro Har: Vice Counsel
207 East Buffalo Street, Suite 600
Milwaukee, Wisconsin 53202
(414) 276-3333 telephone
(414) 276-2822 facsimile
[email protected]
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