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

Filing 177

STIPULATION AND ORDER, Set/Reset Deadlines as to (112 in 3:05-cv-01123-RS) MOTION for Summary Judgment , (113 in 3:05-cv-01123-RS) MOTION for Summary Judgment , (167 in 3:04-cv-04264-RS) MOTION for Summary Judgment , (6 9 in 3:04-cv-04309-RS) MOTION for Summary Judgment , (58 in 3:04-cv-04398-RS) MOTION for Summary Judgment , (59 in 3:04-cv-04964-RS) MOTION for Summary Judgment , (23 in 3:05-cv-01996-RS) MOTION for Summary Judgment < i>, (78 in 3:05-cv-02835-RS) MOTION for Summary Judgment . Responses due by 4/18/2013. Replies due by 5/2/2013. Dispositive Motion(s) Hearing re-set to 6/20/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg.. Signed by Judge Richard Seeborg on 4/1/13. (tlS, COURT STAFF) (Filed on 4/1/2013)

1 David W. Wiechert, SBN 94607, [e-mail]
Jessica C. Munk, SBN 238832, [e-mail]
2 LAW OFFICE OF DAVID W. WIECHERT
115 Avenida Miramar
3 San Clemente, California 92672
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Intervenors J. Paul Reddam and
Clarence Ventures, LLC
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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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12 SIXTY-THREE STRATEGIC INVESTMENT)
FUNDS; AND PRESIDIO GROWTH LLC
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13 (Tax Matters Partner),
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Petitioners,
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vs.
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16 UNITED STATES OF AMERICA,
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Respondent.
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Case No. C 05-1123-RS
Related to Case Nos. C-04-4309-RS, C-044398-RS, C-04-4964-RS, C-04-4264-RS, C05-1996-RS, C-05-2835-RS, and C-05-3887RS

STIPULATION TO MODIFY SCHEDULE

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Pursuant to Civil Local Rule 6-2, Petitioners Presidio Growth, LLC and Presidio

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Resources, LLC ("Presidio"), Intervenors J. Paul Reddam and Clarence Ventures, LLC,
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Intervenors Tom Gonzales and Birch Ventures, LLC, and Respondent, the United States, hereby

24 request that the response and reply deadlines with respect to dispositive motions in this (and the
25 captioned related cases) be extended two weeks and the hearing date also be extended, as follows:
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The parties seek to extend the deadline for Petitioners Presidio [and Intervenors Tom

27 Gonzales and/or Birch Ventures, LLC] to respond to the United States' motions for summary
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judgment (filed in this and the captioned related cases) from April 4, 2013 to April 18,2013.
STIPULATION
(Case No. C 05-1123-RS)

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long as Presidio continues to actively defend the BLIPS transaction, Intervenors J. Paul

2 Reddam and Clarence Ventures, LLC do not intend to file separate responsive papers to the United
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States' motions for summary judgment with regard to the merits of BLIPS. However, Intervenors

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J. Paul Reddam and Clarence Ventures, LLC reserve the right to respond to the United States'
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6 motions for summary judgment where their arguments diverge from Presidio's, specifically with
7 regard to their conflict of interest argument. Further, if at any time Presidio no longer continues to
8 defend the BLIPS transaction, Intervenors J. Paul Reddam and Clarence Ventures reserve the right
9 to defend the merits of BLIPS by responding to the United States' motions for summary judgment
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or in later proceedings.

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The parties also seek to extend the deadline for the United States to respond to a motion for
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summary judgment filed by Intervenors J. Paul Reddam and Clarence Ventures, LLC in this case
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14 from April 4, 2013 to April 18, 2013. The parties further seek to extend the deadline for the
15 United States (with respect to its pending motions) and Intervenors J. Paul Reddam and Clarence
16 Ventures, LLC (with respect to its pending motion) to file replies from April 11, 2013 to May 2,
17 2013.
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The parties would also request that the Court set a hearing date for the motions of either: 1)

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May 20,21, or 22,2013; 2) May 9, 2013; or 3) June 20, 2013.
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The parties stipulate that Presidio may file its response to the United States' motions for

22 summary judgment in one case and it will be deemed filed in all related cases.
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The Government does not stipulate or agree that Intervenors Birch Ventures, LLC andlor

24 Tom Gonzales may additionally brief the issues raised by Birch Ventures in its dispositive motion
25 filed in related Case No. 05-cv-02835 (Docket No. 64). The Government takes the position that
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the issues raised by Birch in that motion have been fully briefed. Intervenors Birch Ventures

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andlor Tom Gonzales also do not stipulate or agree that they cannot file additional briefing in
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STIPULAnON
(Case No. C 05-1123-RS)
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related Case No. 05-cv-02835 (Docket No. 64). The parties do request that the hearing

2 date for that motion, which is now set to be argued on April 25, 2013, also be set for the same date
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the Court sets the other dispositive motions.

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Effect on the Schedule for the Case

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1. The requested change would move the opposition deadline for the above-referenced

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7 dispositive motions which were filed on March 21,2013 from April 4, 2013 to April 18, 2013.
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2. Further, the deadline to file reply briefs would be moved from April 11, 2013 to May 2,

9 2013.
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3. Finally, the hearing date for all pretrial motions would be moved from April 25, 2013 to

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either: 1) May 20, 21, or 22, 2013; 2) May 9, 2013; or 3) June 20, 2013.
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4. The trial date of October 7, 2013, will remain unchanged.

NOW, THEREFORE, IT IS AGREED AND STIPULATED by the parties, subject to

15 an order of the Court that:
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(A) The deadline to file oppositions to the above-referenced dispositive motions is moved

17 from April 4, 2013 to April 18, 2013;
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(B) The deadline to file reply briefs is moved from April 11, 2013 to May 2, 2013; and

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(C) The hearing date for dispositive motions is moved from April 25, 2013 to either: 1)
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21 May 20,21, or 22,2013; 2) May 9, 2013; or 3) June 20, 2013.
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Dated: April 1, 2013

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lsi Steven M Bauer
24 STEVEN M. BAUER
Latham & Watkins
25 Attorneys for Petitioners

Respectfully submitted:

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lsi James E. Weaver
JAMES E. WEAVER
Trial Attorney
Tax Division, Department of Justice
Attorney for Respondent

27 lsi Jessica C. Munk
JESSICA C. MUNK
28 Law Office of David W. Wiechert

lsi Dashiell C. Shapiro
DASHIELL C. SHAPIRO
WoodLLP
STIPULATION
(Case No. C 05-1123-RS)
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2 Attorneys for Intervenors
J. Paul Reddam and
3 Clarence Ventures, LLC

Attorneys for Intervenors
Tom Gonzales and
Birch Ventures, LLC

4 lsi William E. Taggart, Jr.
WILLIAM E. TAGGART, JR.
5 Attorney for Intervenors
6 Adkinson and Salmon Ventures, LLC
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PURSUANT TO STIPULATION, IT IS SO ORDERED. The hearing date for
8 dispositive motions will be held on _ _ _ _ _ _ _ __
June 20, 2013

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Dated: 4/1/2013
Honorable Richard Seeborg
United States District Judge

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STIPULATION
(Case No. C 05-1123-RS)
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