Shasta Strategic Investment Fund LLC et al v. United States of America

Filing 130

STIPULATION AND ORDER re (128 in 3:04-cv-04264-JW) Stipulation filed by United States of America. Signed by Judge James Ware on 9/28/11. (sis, COURT STAFF) (Filed on 9/28/2011)

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1 MELINDA L. HAAG (CaSBN 132612)
United States Attorney
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STUART D. GIBSON (MnSBN 34587)
3 Senior Litigation Counsel
[e-mail]
4 ADAIR F. BOROUGHS (TnSBN 026210)
Trial Attorney
5 [e-mail]
Tax Division, U.S. Department of Justice
6 P.O. Box 403
Washington, DC 20044
7 Tel: [phone] (Mr. Gibson)
[phone] (Ms. Boroughs)
8 Fax: [phone]
Attorneys for United States of America
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N

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D IS T IC T O
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SHASTA STRATEGIC INVESTMENT
)
FUND, LLC; AND PRESIDIO GROWTH )
LLC (Tax Matters Partner),
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Petitioners,
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v.
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UNITED STATES OF AMERICA,
)

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Respondent.

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Case No. C-04-4264-JW
Related to Case Nos. C-04-4309-JW, C-044310-JW, C-04-4398-JW, C-04-4399-JW, C04-4964-JW, C-05-1123-JW, C-05-2835-JW,
and C-05-3887-JW

STIPULATION AND PROPOSED
ORDER EXTENDING DEADLINES

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Pursuant to Civil Local Rule 6-2, Respondent requests an extension of deadlines contained in

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the Court’s July 6, 2011 Order Vacating Case Management Conference; Setting Schedule (Dkt. No.
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127)1/. Petitioners have agreed not to object to Respondent’s request on the condition that discovery

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1/

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Unless otherwise noted, all docket references are to the lead case, Shasta Strategic Investment
Fund, LLC v. United States, Case No. 04-4264 (N.D. Cal.).

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Stipulation and Proposed Order
Case No. C-04-4264-JW

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will not be interrupted or delayed by this extension. In support of this request Respondent submits
the following:

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1.

The Court’s July 6, 2011 Order established the following deadlines and court dates:

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Disclosure of Expert Witnesses
(63 days prior to close of discovery)

November 14, 20112/

Disclosure of Rebuttal Experts
(49 days prior to close of discovery)

November 25, 2011

Preliminary Pretrial Conference Statements
(10 days before Preliminary Pretrial Conference)

December 2, 2011

Preliminary Pretrial Conference
(app. 30 days before the close of discovery)

December 12, 2011

Last Date for Hearing Motions to Exclude Expert Testimony
(42 days after both expert and rebuttal expert disclosures on a
Monday)

December 19, 20113/

Close of All Discovery

January 13, 2012

Last Date for Hearing Dispositive Motions
(appr. 60 days after close of discovery)

March 12, 2012

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Dkt. No. 127.
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2.

Lead counsel for the United States, Stuart Gibson, is also lead counsel for the

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Government in V.I. Derivatives, LLC v. United States, Case No. 3:06-cv-00012 (V.I.) and VIFX,

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LLC, v. United States, Case No. 3:06-cv-00013 (V.I.). Decl. of Stuart Gibson, attached hereto, at ¶

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2. These cases will be tried in the Virgin Islands beginning on December 12, 2011, the date currently

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2/

Sixty-three days prior to the close of discovery falls on November 11, 2011, a federal and court
holiday. Therefore, pursuant to Fed. R. Civ. P. 6(a), the deadline is on Monday, November 14, the next
day that is not a Saturday, Sunday or legal holiday.
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The Court’s July 6, 2011 Order requires such motions be heard on a Monday, no later than 42
days after expert and rebuttal expert disclosures. Forty-two days after rebuttal expert disclosures is
Friday, January 6, 2012. However, the two proceeding Mondays–January 2, 2012, and December 26,
2011–are both federal and court holidays. Therefore, the last hearing date with in this time frame is
December 19, 2011.
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Stipulation and Proposed Order
Case No. C-04-4264-JW

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set for the Preliminary Pretrial Conference in this matter. Id. at ¶ 3. The Court in these cases has
made it clear that the trial date will not be moved. Id. at ¶ 4.

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3.

Counsel for the United States, Adair Boroughs, is currently more than seven months

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pregnant and will be on maternity leave from approximately early November 2011 until late January

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2012. Decl. of Adair Boroughs, attached hereto, at ¶ 2. Her doctor has recommended that she not

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fly during October 2011, the last month of her pregnancy. Id. at ¶ 3.

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4.

Respondent requests that the deadlines and Court dates contained in the Court’s July

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6, 2011 Order be extended by approximately four months, resulting in the following schedule:
Disclosure of Expert Witnesses
(63 days prior to close of discovery)

March 12, 2012

Disclosure of Rebuttal Experts
(49 days prior to close of discovery)

March 26, 2012

Preliminary Pretrial Conference Statements
(10 days before Preliminary Pretrial Conference)

April 6, 2012

Preliminary Pretrial Conference
(app. 30 days before the close of discovery)

April 16, 2012

Last Date for Hearing Motions to Exclude Expert Testimony
(42 days after both expert and rebuttal expert disclosures on
a Monday)

May 7, 2011
2012

Close of All Discovery

May 14, 2012

Last Date for Hearing Dispositive Motions
(appr. 60 days after close of discovery)

July 16, 2012

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5.

Respondent has agreed that its request will not be used to delay discovery in any

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fashion, and that the parties may conduct discovery under the Federal Rules of Civil Procedure at any

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time during the discovery period.

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Stipulation and Proposed Order
Case No. C-04-4264-JW

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Previous Time Modifications
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This Court previously granted stipulated requests to extend time to file answers in

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some of these related cases. Shasta Strategic Investment Fund, LLC v. United States, Case No. 044
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4264 (N.D. Cal.), Dkt. Nos. 13, 18; Belford Strategic Investment Fund, LLC v. United States, Case

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No. 04-4309 (N.D. Cal.), Dkt. Nos. 8, 11; Princeton Strategic Investment Fund, LLC v. United

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States, Case No. 04-4310 (N.D. Cal.), Dkt. Nos. 11, 15; Sanford Strategic Investment Fund, LLC v.

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Untied States, Case No. 04-4398 (N.D. Cal.), Dkt. Nos. 9, 12; Olympus Strategic Investment Fund,

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LLC v. United States, Case No. 04-4399 (N.D. Cal.), Dkt. Nos. 9, 13; Sill Strategic Investment Fund,
LLC v. United States, Case No. 04-4964 (N.D. Cal.), Dkt. Nos. 10,13.
7.

This Court previously granted Petitioners’ Motion to Shorten Time to Hear Motion to

Compel 30(b)(6) Deposition. Dkt. No. 48.
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This Court granted Respondent's motion to stay these related cases on November 7,

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2005, due to parallel criminal proceedings. Dkt. No. 95. This Court grated a subsequent motion to

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stay these related cases on October 2, 2006. Dkt. No. 103. This Court lifted the stay on June 9,

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2011. Dkt. No. 124.

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9.

This Court previously granted a stipulated request to enlarge time for briefing in

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response to Respondent’s Motion for Summary Judgment in Princeton Strategic Investment Fund,
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LLC v. United States, Case No. 04-4310 (N.D. Cal.). Princeton, Dkt. No. 37.
Effect on the Schedule for the Case

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10.

The requested extension would extend all deadlines in the case by approximately four

months.

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Stipulation and Proposed Order
Case No. C-04-4264-JW

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NOW, THEREFORE, IT IS AGREED AND STIPULATED by the parties, subject to an
order of the Court that the deadlines and Court dates contained in the Court’s July 6, 2011 Order be

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extended by approximately four months, resulting in the following schedule:
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Disclosure of Expert Witnesses
(63 days prior to close of discovery)

March 12, 2012

Disclosure of Rebuttal Experts
(49 days prior to close of discovery)

March 26, 2012

Preliminary Pretrial Conference Statements
(10 days before Preliminary Pretrial Conference)

April 6, 2012

Preliminary Pretrial Conference
(app. 30 days before the close of discovery)

April 16, 2012

Last Date for Hearing Motions to Exclude Expert Testimony
(42 days after both expert and rebuttal expert disclosures on
a Monday)

May 7, 2011
2012

Close of All Discovery

May 14, 2012

Last Date for Hearing Dispositive Motions
(appr. 60 days after close of discovery)

July 16, 2012
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Dated: September 23, 2011

Respectfully submitted

/s/ Steven M. Bauer
STEVEN M. BAUER
Latham & Watkins
Attorney for Petitioners

/s/ Adair F. Boroughs
ADAIR F. BOROUGHS
Trial Attorney
Tax Division, Department of Justice
Attorney for Respondent

/s/ Willam E. Taggart, Jr.
WILLIAM E. TAGGART, JR.
Attorney for Intervenors
Adkison, McNair, and Salmon Ventures

/s/ Martin A. Schainbaum
MARTIN A. SCHAINBAUM
Attorney for Intervenors
Soward/Voltaire and Gonzales/Birch

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: September 28, 2011

____________________________
James Ware
United States District Judge

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Stipulation and Proposed Order
Case No. C-04-4264-JW

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CERTIFICATE OF SERVICE

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IT IS HEREBY CERTIFIED that service of the foregoing STIPULATION AND

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PROPOSED ORDER EXTENDING DEADLINES, along with the attached Declarations of Stuart

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Gibson and Adair Boroughs, has been made this 23rd day of September 2011, upon the following by

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ECF:

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David A. York
Latham & Watkins
[e-mail]

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Steven Baur
Latham & Watkins
[e-mail]
Margaret Tough
Latham & Watkins
[e-mail]
Attorneys for Petitioners

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Martin A. Schainbaum
[e-mail]

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Attorney for Intervenors Voltaire, LLC, Tom Gonzales, and Birch Ventures, LLC
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William E. Taggart, Jr.
Taggart & Hawkins
[e-mail]
Attorney for Intervenors R. Cary McNair, Kathryn N. McNair, Peter Adkison, and Salmon Ventures,
LLC
Joseph Depew
Sutherland Asbill & Brennan, LLP
[e-mail]
N. Jerold Cohen
Sutherland Asbill & Brennan, LLP
[e-mail]
Attorneys for Intervenor Salmon Ventures, LLC

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Stipulation and Proposed Order
Case No. C-04-4264-JW

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and upon the following by US Mail:
Thomas E. Redding
Redding & Associates, PC
2914 West T.C. Jester Blvd.
Houston, TX 77018
Attorney for Intervenors R. Cary McNair and Kathryn McNair

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John M. Colvin
Chicoine & Hallett PS
719 2nd Avenue, Suite 425
Seattle, WA 98104

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Attorney for Intervenor Peter Adkison

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/s/ Adair F. Boroughs
ADAIR F. BOROUGHS
Trial Attorney, Tax Division

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Stipulation and Proposed Order
Case No. C-04-4264-JW