United States of America v. U.S. Bank National Association

Filing 19

SECOND STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/10/2011 ORDERING 18 that U.S. Bank to file an opposition to Plaintiff's Motion for Judgment on the Pleadings is EXTENDED by two days, from 6/8/2011 to 6/10/2011; pltf shall still file a reply to U.S. Bank's opposition on or before 6/15/2011; WHEREFORE, the Parties request that this Court enter an Order consistent with this Stipulation. (Reader, L)

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NOSSAMAN LLP
Robert S. McWhorter (CA226186)
[e-mail]
915 L Street, Suite 1000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: 916.442.0382
Attorneys for Defendant
U.S. BANK NATIONAL ASSOCIATION

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Case No:

2:10-cv-01964-KJM-GGH

Plaintiff,

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v.
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U.S. BANK NATIONAL ASSOCIATION,
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Defendant.

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SECOND STIPULATION AND ORDER TO
EXTEND DATE FOR DEFENDANT
U.S. BANK NATIONAL ASSOCIATION’S
OPPOSITION TO PLAINTIFF’S MOTION
FOR JUDGMENT ON THE PLEADINGS

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Pursuant to Rule 83 of the Federal Rule of Civil Procedure and Local Rule 143, Plaintiff,

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United States of America (“Plaintiff”) and Defendant, U.S. Bank National Association (“U.S. Bank”)

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(collectively, the “Parties”) enter into this Stipulation and agree as follows:
1.

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Plaintiff and U.S. Bank are exploring a potential resolution of this case. To avoid

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having U.S. Bank unnecessarily incur attorneys’ fees and costs preparing an opposition to Plaintiff’s

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Motion for Judgment on the Pleadings and to allow the Parties an opportunity to focus on settlement,

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the Parties agreed to extend the deadline for U.S. Bank to file an opposition to Plaintiff’s Motion for

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-1SECOND STIPULATION AND ORDER TO EXTEND DATE FOR U.S. BANK’S
OPPOSITION TO PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS
122032_1.DOC

2:10-cv-01964-KJM-GGH

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Judgment on the Pleadings by an additional two days, from June 8, 2011 to June 10, 2011. Plaintiff

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shall still file a reply to U.S. Bank’s opposition on or before June 15, 2011.

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WHEREFORE, the Parties request that this Court enter an Order consistent with this
Stipulation.

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Stipulated and Agreed to:

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Dated: June 8, 2011

BENJAMIN B. WAGNER
United States Attorney

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By:

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Dated: June 8, 2011

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NOSSAMAN LLP
By:

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/s/ Adam R. Smart
ADAM R. SMART
Trial Attorney, Tax Division
United States Department of Justice
PO Box 683
Washington DC 20044
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
THE UNITED STATES OF AMERICA

/s/ Robert S. McWhorter
ROBERT S. MCWHORTER
NOSSAMAN LLP
915 L Street, Suite 1000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
U.S. BANK NATIONAL ASSOCIATION

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ORDER

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IT IS SO ORDERED.
Dated: June 10, 2011.

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UNITED STATES DISTRICT JUDGE

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-2SECOND STIPULATION AND ORDER TO EXTEND DATE FOR U.S. BANK’S
OPPOSITION TO PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS
122032_1.DOC

2:10-cv-01964-KJM-GGH