Shore v. Brown

Filing 47

STIPULATION and ORDER GRANTING an extension of the following deadlines: Case Management deadline set for 5/22/2009 for receipt of fact discovery; Designation of Expert Witnesses due by 5/6/2009; Rebuttal Expert Witnesses due by 6/8/2009; close of all discovery due by 6/29/2009; order signed by Judge Oliver W. Wanger on 4/15/2009. (Rooney, M)

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LAWRENCE G. BROWN Acting United States Attorney for the Eastern District of California 501 I Street, Suite 10-100 Sacramento, California 95814 JAMES E. WEAVER LAUREN M. CASTALDI Trial Attorneys, Tax Division United States Department of Justice P.O. Box 683, Ben Franklin Station Washington, DC 20044-0683 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for the Defendants UNITED STATES DISTRICT COURT

11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) )Civil No. 1:07-CV-01160-OWW-SMS ) Plaintiff, )JOINT MOTION AND STIPULATION )TO EXTEND CERTAIN DISCOVERY AND v. )EXPERT DISCLOSURE DEADLINES )(WITH ENDORSEMENT/PROPOSED ORDER KEVIN M. BROWN, ACTING COMMISSIONER )FOR CONSIDERATION OF THE COURT) OF INTERNAL REVENUE SERVICE OF ) UNITED STATES OF AMERICA, and DOES 1 ) through 10, inclusive, ) ) Defendants. ) ) ) UNITED STATES OF AMERICA, ) ) Counterclaimant, ) v. ) ) ) WILMA SHORE, ) ) Counterclaim Defendant, ) ) AND ) ) GREGORY A. SHORE and ) ) WILMA SHORE, JOINT MOTION AND STIPULATION -1-

1 2 BRENDA O. REYNOLDS, 3 Additional Defendants on Counterclaim. 4 5 6

) ) ) ) ) ) ) )

The undersigned attorneys for the Plaintiff and Counterclaim Defendant, Wilma Shore, and the 7 Defendant and Counterclaimant, the United States of America, (the only parties who have entered 8 appearances in this case) move for a brief extension of the discovery and expert deadlines set in this case by 9 the Supplemental Modified Scheduling Conference Order entered December 15, 2008. The parties are not 10 seeking to extend other deadlines or dates set in that order. 11 1. 12 deadlines. The first request was filed following the commencement of a Chapter 11 bankruptcy petition in 13 the United States Bankruptcy Court for the Eastern District of California on September 24, 2008 and the 14 subsequent modification of the automatic stay in that proceeding on December 10, 2008. 15 2. 16 17 deposition testimony from approximately fourteen fact witnesses and/or parties. Depositions of three 18 additional fact witnesses are scheduled to occur today. In addition, document review in this case has entailed 19 inspection of a large volume of boxes and files. 20 3. 21 15, 2009. Expert disclosures are to be made on or before April 15, 2009 and the disclosure of rebuttal expert 22 23 24 25 26 27 28
1

This is the parties' second request for an extension of the discovery and expert disclosure

After the modification of the automatic stay and the entry of this Court's modified scheduling

order, the parties moved forward with additional discovery in this case.1 To date, the parties have obtained

Pursuant to the Court's modified scheduling order, fact discovery is to be completed by April

The Plaintiff's Chapter 11 case, In re Shore, No. 08-16002-A-11F (Bankr. E.D. Cal.) was dismissed

on February 26, 2009. JOINT MOTION AND STIPULATION -2-

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witnesses are to be made on or before May 15, 2009. The deadline for all discovery is June 15, 2009.2 4. Despite good-faith efforts of the parties to complete discovery by these deadlines, the parties

need additional time to evaluate the evidence obtained to date during discovery and to follow up by obtaining some additional discovery. 5. Accordingly, the parties stipulate to, and respectfully request that the Court grant, an extension

of the deadline for obtaining fact discovery from April 15, 2009 to May 22, 2009. The parties further stipulate to, and respectfully request that the Court grant, an extension of the deadline for expert disclosures from April 15, 2009 to May 6, 2009, and an extension of the deadline for the disclosure of rebuttal expert witnesses from May 15, 2009 to June 8, 2009. The parties also stipulate to, and respectfully request that the Court grant, an extension of the date for the close of all discovery, including experts, from June 15, 2009 to June 29, 2009. An endorsement, for the consideration of the Court, follows below. Submitted on April 15, 2009 LAWRENCE G. BROWN Acting United States Attorney /s/ James E. Weaver JAMES E. WEAVER LAUREN M. CASTALDI Trial Attorney, Tax Division United States Department of Justice P.O. Box 683, Ben Franklin Station Washington, DC 20044-0683 Telephone: [phone] Facsimile: [phone] Attorneys for the United States

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Pursuant to the original scheduling order in this case entered March 28, 2008, the deadline for all

discovery was January 2, 2009. The deadline for disclosure of expert testimony was originally October 31, 2008 and the deadline for rebuttal expert disclosures was December 1, 2008. JOINT MOTION AND STIPULATION -3-

1 LAW OFFICE OF MYRON F. SMITH 2 3 By: 4 5 6 7 Attorney for Wilma V. Shore 8 9 10 11 12 IT IS SO ORDERED (as set forth, above, in numbered paragraph5): 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT MOTION AND STIPULATION -4IT IS SO ORDERED. Dated: April 15, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE /s/ Myron F. Smith [Mr. Smith authorized filing with his electronic signature] Myron F. Smith 191 West Shaw Ave., Suite 205B Fresno, California 93704 Telephone: [phone] Facsimile: [phone]