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

Filing 163

STIPULATION AND ORDER TO MODIFY SCHEDULE. Pretrial Conference set for 9/26/2013 10:00 AM; Jury Selection set for 10/7/2013 09:00 AM; Jury Trial set for 10/7/2013 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 1/4/13. (cl, COURT STAFF) (Filed on 1/4/2013)

1 DAVID A. HUBBERT
Deputy Assistant Attorney General
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ADAIR F. BOROUGHS (TnSBN 026210)
3 Trial Attorney
[e-mail]
4 Tax Division, U.S. Department of Justice
P.O. Box 683
5 Washington, DC 20044
Tel: [phone]
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Attorneys for United States of America
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8 MELINDA L. HAAG (CaSBN 132612)
United States Attorney
9 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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And Related Cases

Case No. C-04-4264-RS
Related to Case Nos. C-04-4309-RS, C-04-4398RS, C-04-4964-RS, C-05-1123-JW, C-05-1996RS, C-05-2835-RS, and C-05-3887-RS
STIPULATION TO MODIFY SCHEDULE

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Pursuant to Civil Local Rule 6-2, Respondent requests that the date for filing pretrial motions

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be extended by approximately 60 days and that trial be moved to October 7, 2013. The other parties

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do not object to this request. In support of this request Respondent submits the following:

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STIPULATION
Case No. C-04-4264

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1.

Lead counsel for the United States, Stuart Gibson, is retiring as of January 3, 2013,

and has or will be filing a withdrawal of counsel in these cases on that date. Mr. Gibson has been
the lead counsel on these cases since their inception in 2004 and 2005.
2.

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In the next few weeks, the Tax Division will be assigning a new lead counsel to these

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cases who will need time to become familiar with the facts, law and procedural history of these

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cases.

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3.

motions must be heard by February 21, 2013, which requires that they be filed and served by
January 17, 2013. The final pretrial conference is set for April 4, 2013, and the trial date is set for
April 15, 2013.

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Under the Court’s October 15, 2012 Case Management Scheduling Order, all pretrial

Previous Time Modifications
4.

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

some of these related cases. Shasta Strategic Investment Fund, LLC v. United States, Case No. 044264 (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,

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LLC v. United States, Case No. 04-4964 (N.D. Cal.), Dkt. Nos. 10,13.
5.

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,

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

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STIPULATION
Case No. C-04-4264

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stay these related cases on October 2, 2006. Dkt. No. 103. This Court lifted the stay on June 9,
2011. Dkt. No. 124.
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This Court previously granted a stipulated request to enlarge time for briefing in

response to Respondent’s Motion for Summary Judgment in Princeton Strategic Investment Fund,
LLC v. United States, Case No. 04-4310 (N.D. Cal.). Princeton, Dkt. No. 37.
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The Court previously granted three other stipulated requests to extend deadlines.

Dkt. Nos. 130, 133, and 140.
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After Judge Ware retired and Judge Seeborg held a scheduling conference with the

parties, the Court entered a Case Management Scheduling Order modifying the remaining schedule
in the case. Dkt. No. 160.
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This Court previously granted a stipulated request to enlarge time for briefing in

response to Intervenor’s Motion to Dismiss or, in the alternative, Motion for Summary Judgment in
Twenty-Two Strategic Investment Funds v. United States, Case No. 05-02835-RS (N.D. Cal.).
Effect on the Schedule for the Case

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11.

The requested change would move the final date for hearing all pretrial motions by

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approximately 60 days, move the trial date to October 7, 2013, and vacate the final pretrial

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conference date, which will be set by further order of the Court.

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NOW, THEREFORE, IT IS AGREED AND STIPULATED by the parties, subject to an
order of the Court that:
(A) All pretrial motions must be filed and served pursuant to Civil Local Rule 7. All pretrial
motions shall be heard no later than April 25, 2013.

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STIPULATION
Case No. C-04-4264

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(B) The final pretrial conference currently set for April 4, 2013, is vacated, and a final
September 26, 2013 at 10:00 a.m.
pretrial conference will be held on at a date and at a time to be set by further order the Court;
(C) Trial shall commence on October 7, 2013, at 9:00 a.m., in Courtroom 3, 17th Floor,

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United States Courthouse, 450 Golden Gate Avenue, San Francisco, California.

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Dated: January 4, 2013

Respectfully submitted

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/s/ Margaret Tough
MARGARET TOUGH
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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/s/ Jessica C. Munk
Jessica C. Munk
Law Office of David W. Wiechert
Attorney for Intervenors Clarence Ventures, LLC and J. Paul Reddam
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: 1/4/13

____________________________
Richard Seeborg
United States District Judge

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STIPULATION
Case No. C-04-4264