F & H Construction v. United States of America et al

Filing 6

ORDER signed by Judge William B. Shubb on 5/21/2007 GRANTING 5 Joint Case Management Conference Statement and Request for Continuance resetting Initial Scheduling Conference for 7/30/2007 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)

F & H Construction v. United States of America et al

Doc. 6

Case 2:07-cv-00835-WBS-DAD 1 2 3 4 5 6 7 8 JUSTIN S. KIM Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044-0683 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for United States of America DMcGREGOR W. SCOTT United States Attorney

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IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
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F & H CONSTRUCTION, Plaintiff, v. THE UNITED STATES OF AMERICA, erroneously named as United States Department of Treasury, Internal Revenue Service; BANK OF STOCKTON; NORTHERN CALIFORNIA GLAZIERS PENSION PLAN; and DOES 1-100, Defendants.

Civil No. 2:07-CV-00835-WBS-DAD JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND REQUEST FOR CONTINUANCE

The parties to the above-entitled action jointly submit this Case Management Statement and Proposed Order: The parties participated in a conference call on May 9, 2007 to discuss the June 4, 2007 Case Management Conference and the required disclosure dates set by the Court in this matter. During this conference call, the following additional matters were discussed: 1. The fact that Engineered Glass Walls, Inc. is an indispensable party and must be named

and served in the action; 2. That the Northern California Glaziers Trust Funds were incorrectly named in the

Complaint, and that it is being amended. The Trust Funds have yet to be served.

Case 2:07-cv-00835-WBS-DAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 18, 2007 Dated: May 11, 2007 Dated: May 15, 2007 Dated: May 11, 2007 3.

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The United States' response to the Complaint would not be due until after the set Case

Management Conference based on the date of service. 4. The parties also agreed that the Bank of Stockton and the United States would

exchange documents and legal authority in an effort to resolve this matter. The Bank of Stockton and the Northern California Glaziers Trust Funds already have a settlement agreement in place, although it has yet to be fully executed. Based on the foregoing, the parties jointly request that the current Case Management Conference, set for June 4, 2007 at 1:30 p.m. be continued for 45 days to allow the matter to become "at issue" and to permit the parties to exchange information amongst themselves in an effort to move this matter forward.

Respectfully submitted,

/s/ Justin S. Kim JUSTIN S. KIM U.S. Department of Justice, Tax Division [phone] Attorney for the United States /s/ Christa Mansholt-Choy CHRISTA MANSHOLT-CHOY Law Offices of Ryan & Lifter, P.C. [phone] Attorney for F&H Construction /s/ Dennis Hauser DENNIS HAUSER Hauser & Mouzes [phone] Attorney for the Bank of Stockton /s/ Michele Stafford MICHELE STAFFORD Saltzman and Johnson Law Corporation [phone] Attorney for Northern California Glaziers Trust Funds

Joint Case Management Conference Statement

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Case 2:07-cv-00835-WBS-DAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 21, 2007

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ORDER Pursuant to the request of the parties, the Case Management Conference, currently scheduled for June 4, 2004 at 1:30 p.m. is hereby continued to July 30, 2007 at 2:00 p.m. All additional dates, including the dates for initial disclosures, are also continued for 45 days. IT IS SO ORDERED.

Joint Case Management Conference Statement

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Case 2:07-cv-00835-WBS-DAD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED that service of the foregoing has been made this 21st day of May, 2007, by depositing true and correct copies thereof in the United States mail, postage prepaid, addressed to: Joseph D. Ryan Christa Mansholt-Choy Law Offices of Ryan & Lifter, P.C. 2010 Crow Canyon Pl., Ste. 330 San Ramon, CA 94583-1344 Dennis Hauser Hauser & Mouzes P.O. Box 1397 Woodbridge, CA 95258-1397 Michele Stafford Saltzman and Johnson Law Corporation 120 Howard St. Ste. 520 San Francisco, CA 94105-1620

/s/ Justin S. Kim JUSTIN S. KIM Trial Attorney, Tax Division U.S. Department of Justice

Joint Case Management Conference Statement

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