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)
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1 JOHN A. DICICCO
Deputy Assistant Attorney General
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STUART D. GIBSON (MnSBN 34587)
3 Senior Litigation Counsel
Stuart.D.Gibson@usdoj.gov
4 ADAIR F. BOROUGHS (TnSBN 026210)
Trial Attorney
5 Adair.F.Boroughs@usdoj.gov
Tax Division, U.S. Department of Justice
6 P.O. Box 403
Washington, DC 20044
7 Tel: (202) 307-6586 (Mr. Gibson)
(202) 305-7546 (Ms. Boroughs)
8 Fax: (202) 307-2504
Attorneys for United States of America
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10 MELINDA L. HAAG (CaSBN 132612)
United States Attorney
11 Northern District of California
Of Counsel
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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
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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-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
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Pursuant to Local Rule 6-2, the undersigned parties to these related actions hereby stipulate
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and request that the Court remove from the calendar the filing of Preliminary Pretrial Conference
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Stipulation and Proposed Order
Case No. C-04-4264-JW
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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:
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1.
According to the Order entered July 6, 2011, the parties must confer with one another,
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and file and lodge by the deadline a Preliminary Pretrial and Trial Setting Conference Statement
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stating their readiness for trial, the amount of time which the Court should allocate for trial and the
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calendar period for the trial. Among other things, the purpose of the Preliminary Pretrial and Trial
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Setting Conference is to set a time for trial, and establish time parameters for the parties’
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presentations at trial.
2.
By Order entered March 12, 2012, the Court established June 29, 2012 as the deadline
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for filing the Preliminary Pretrial and Trial Setting Conference Statement, and July 9, 2012 as the
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date for the Preliminary Pretrial and Trial Setting Conference. In that same order, among other
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deadlines, the Court established August 13, 2012 as the discovery deadline, and set October 15, 2012
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as the last day to hear dispositive motions.
3.
On April 28, 2012 the Court announced the retirement of Chief Judge Ware, to be
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effective in August, 2012. The Court has since announced that Chief Judge Ware will conduct his
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final Civil Law and Motion calendar on June 25, 2012.
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4.
Because Chief Judge Ware will retire before the trial of these cases, the parties
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believe that it would be more efficient to address pretrial and trial scheduling issues after the cases
have been assigned to a new judge.
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The parties do not seek any other modification or extension of the schedule
established in the March 12, 2012 Order.
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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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The Court previously granted stipulated requests to extend time to file answers in
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some of these related cases. Shasta, Case No. 04-4264, Docket Nos. 13, 18; Belford, Case No. 044
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4309, Docket Nos. 8, 11; Sanford, Case No. 04-4398,Docket Nos. 9, 12; Olympus, Case No. 04-
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4399, Docket Nos. 9, 13; Sill, Case No. 04-4964, Docket Nos. 10, 13.
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7.
The Court previously granted Petitioners’ Motion to Shorten Time to Hear Motion to
Compel Rule 30(b)(6) Deposition. Docket No. 48.
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8.
The Court previously granted Respondent’s Motion to Stay these related cases on
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November 7, 2005, to avoid conflict with parallel criminal proceedings (Docket No. 95), and
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extended that stay on October 2, 2006. Docket No. 103. After completion of the criminal
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proceedings, the Court lifted the stay by Order of June 9, 2011. Docket No. 124.
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9.
The Court has previously granted two stipulated requests (first from respondent and
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second from intervenors Tom Gonzales and Birch Ventures LLC) to extend the schedule. The first
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was granted on September 28, 2011 (Docket No. 130), and the second was granted on March 12,
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2012 (Docket No. 133).
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Effect on the Schedule for the Case
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10.
The requested relief would not extend the schedule, but would merely reflect the
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impact of Chief Judge Ware’s retirement on any trial setting.
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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 Order
of the Court, that the date for filing the Preliminary Pretrial and Trial Setting Conference Statement
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and Proposed Order, and the date for the Preliminary Pretrial and Trial Setting Conference, are
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VACATED, pending the reassignment of these cases to a successor judge.
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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
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: June 22, 2012
____________________________
James Ware
United States District Judge
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Stipulation and Proposed Order
Case No. C-04-4264-JW
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