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

Filing 135

STIPULATION AND ORDER VACATING DEADLINES RELATING TO PRELIMINARY PRETRIAL CONFERENCE re (134 in 3:04-cv-04264-JW) STIPULATION WITH PROPOSED ORDER re (133) Stipulation and Order. Signed by Chief Judge James Ware on June 22, 2012. (wsn, COURT STAFF) (Filed on 6/22/2012)

R NIA

S

re

mes Wa
Judge Ja

A

H

LI

RT

ER

FO

UNIT
ED

RT
U
O

D

RDERE

OO
IT IS S

NO

1 JOHN A. DICICCO
Deputy Assistant Attorney General
2
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
9

ISTRIC
ES D
TC
AT
T

N

F
D IS T IC T O
R

C

10 MELINDA L. HAAG (CaSBN 132612)
United States Attorney
11 Northern District of California
Of Counsel
12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

SAN FRANCISCO DIVISION

16
17
18
19
20
21

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

22
Respondent.
23
24

)
)

Case No. C-04-4264-JW
Related to Case Nos. C-04-4309-JW, C-044398-JW, C-04-4399-JW, C-04-4964-JW, C05-1123-JW, C-05-2835-JW, and C-05-3887JW

STIPULATION AND PROPOSED
ORDER VACATING DEADLINES
RELATING TO PRELIMINARY
PRETRIAL CONFERENCE

)
Pursuant to Local Rule 6-2, the undersigned parties to these related actions hereby stipulate

25
26

and request that the Court remove from the calendar the filing of Preliminary Pretrial Conference

27
28

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

1
2

Statements, set for June 29, 2012, and the Preliminary Pretrial Conference, set for July 9, 2012. In
support of this request, the parties submit the following:

3
1.

According to the Order entered July 6, 2011, the parties must confer with one another,

4
5

and file and lodge by the deadline a Preliminary Pretrial and Trial Setting Conference Statement

6

stating their readiness for trial, the amount of time which the Court should allocate for trial and the

7

calendar period for the trial. Among other things, the purpose of the Preliminary Pretrial and Trial

8

Setting Conference is to set a time for trial, and establish time parameters for the parties’

9
10
11

presentations at trial.
2.

By Order entered March 12, 2012, the Court established June 29, 2012 as the deadline

12

for filing the Preliminary Pretrial and Trial Setting Conference Statement, and July 9, 2012 as the

13

date for the Preliminary Pretrial and Trial Setting Conference. In that same order, among other

14

deadlines, the Court established August 13, 2012 as the discovery deadline, and set October 15, 2012

15
16
17

as the last day to hear dispositive motions.
3.

On April 28, 2012 the Court announced the retirement of Chief Judge Ware, to be

18

effective in August, 2012. The Court has since announced that Chief Judge Ware will conduct his

19

final Civil Law and Motion calendar on June 25, 2012.

20
4.

Because Chief Judge Ware will retire before the trial of these cases, the parties

21
22
23
24
25

believe that it would be more efficient to address pretrial and trial scheduling issues after the cases
have been assigned to a new judge.
5.

The parties do not seek any other modification or extension of the schedule

established in the March 12, 2012 Order.

26
27
28
-2-

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

1
2

Previous Time Modifications
6.

The Court previously granted stipulated requests to extend time to file answers in

3
some of these related cases. Shasta, Case No. 04-4264, Docket Nos. 13, 18; Belford, Case No. 044
5

4309, Docket Nos. 8, 11; Sanford, Case No. 04-4398,Docket Nos. 9, 12; Olympus, Case No. 04-

6

4399, Docket Nos. 9, 13; Sill, Case No. 04-4964, Docket Nos. 10, 13.

7
8

7.

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

Compel Rule 30(b)(6) Deposition. Docket No. 48.

9
10

8.

The Court previously granted Respondent’s Motion to Stay these related cases on

11

November 7, 2005, to avoid conflict with parallel criminal proceedings (Docket No. 95), and

12

extended that stay on October 2, 2006. Docket No. 103. After completion of the criminal

13

proceedings, the Court lifted the stay by Order of June 9, 2011. Docket No. 124.

14

9.

The Court has previously granted two stipulated requests (first from respondent and

15
16

second from intervenors Tom Gonzales and Birch Ventures LLC) to extend the schedule. The first

17

was granted on September 28, 2011 (Docket No. 130), and the second was granted on March 12,

18

2012 (Docket No. 133).

19

Effect on the Schedule for the Case

20
10.

The requested relief would not extend the schedule, but would merely reflect the

21
22

impact of Chief Judge Ware’s retirement on any trial setting.

23
24
25
26
27
28
-3-

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

1
2

NOW THEREFORE, IT IS AGREED AND STIPULATED by the parties, subject to Order
of the Court, that the date for filing the Preliminary Pretrial and Trial Setting Conference Statement

3
and Proposed Order, and the date for the Preliminary Pretrial and Trial Setting Conference, are
4
5

VACATED, pending the reassignment of these cases to a successor judge.

6
7
8
9
10

Dated: June 19, 2012

Respectfully submitted

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

/s/ Stuart D. Gibson
STUART D. GIBSON
Senior Litigation Counsel
Tax Division, Department of Justice
Attorney for Respondent

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

/s/ Martin A. Schainbaum
MARTIN A. SCHAINBAUM
Attorney for Intervenors
Tom Gonzales and Birch Ventures LLC

11
12
13
14
15
16
17

PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: June 22, 2012

____________________________
James Ware
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
-4-

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