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

Filing 203

STIPULATION AND ORDER TO EXTEND DISCOVERY. Signed by Judge Richard Seeborg on 10/22/13. (cl, COURT STAFF) (Filed on 10/23/2013)

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TAMARA ASHFORD
Principal Deputy Assistant Attorney General
JAMES E. WEAVER
ADAM D. STRAIT
LANDON M. YOST
Trial Attorneys
U.S. Department of Justice, Tax Division
P.O. Box 683
Washington, D.C. 20044
Tel. [phone]
Fax. [phone]
E-mail: [e-mail]
MELINDA L. HAAG (CaSBN 132612)
United States Attorney
Of Counsel
Attorneys for Respondent, the United States

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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,

[PROPOSED] STIPULATION TO
EXTEND DISCOVERY

v.
UNITED STATES OF AMERICA,

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Respondent.
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CASE NO. C-04-4264-RS
(Related to Case Nos. C-04-4309-RS, C-044398-RS, C-04-4964-RS, C-05-1123-RS, C05-1996-RS, C-05-2835-RS, and C-053887-RS)

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Pursuant to Fed. R. Civ. P. 29 and Local Rule 6-2, Petitioners Presidio Growth, LLC and
Presidio Resources, LLC (“Petitioners”), Intervenors J. Paul Reddam and Clarence Ventures,
LLC, Intervenors Tom Gonzales and Birch Ventures, LLC (“Intervenors”), and Respondent, the
United States, hereby request that the Court permit discovery in this case to be extended for the

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following enumerated limited purposes until February 28, 2014:

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The parties may resolve any currently outstanding issues related to the United States’

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August 22 and September 12 supplementations of its prior discovery responses.

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The parties may complete the process of production and review of the Stein/Larson

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documents, as agreed to in the parties’ prior stipulation of July 24, 2013.

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The parties may take depositions of designated trial witnesses that have not yet been

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deposed in this case.1 In so stipulating to this extension, counsel for the United States

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does not agree, at this time, to use of any such depositions in connection with pending

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dispositive motions.

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The above-named parties further request that the Court hold in abeyance any ruling on pending
motions for summary judgment until the close of the additional discovery period.

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//

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//
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It is the United States’ position that depositions should be limited to witnesses listed on adverse
parties’ trial witness lists, exchanged on September 30, 2013. However, the Intervenors disagree,
and the parties are currently working to resolve this dispute without the Court’s intervention.
STIPULATION TO EXTEND DISCOVERY FOR LIMITED PURPOSES - 3

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Respectfully submitted this 22nd day of October, 2013.

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

/s/ James E. Weaver
JAMES E. WEAVER
Trial Attorney, Tax Division, Dept of
Justice, Attorney for Respondent

/s/ Jessica C. Munk
JESSICA C. MUNK
Law Office of David W. Wiechert, Attorney for
Intervenors J. Paul Reddam and Clarence Ventures

/s/ Dashiell C. Shapiro
DASHIELL C. SHAPIRO
Wood LLP, Attorney for Intervenors
Tom Gonzales and Birch Ventures

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The order of July 24, 2013 is
modified to extend the deadline for obtaining discovery (for the limited purposes enumerated in
that order and above) from November 14, 2013 to February 28, 2014.

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10/22/13
Dated: ___________________

________________________
Honorable Richard Seeborg
United States District Judge

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STIPULATION TO EXTEND DISCOVERY FOR LIMITED PURPOSES - 3