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

Filing 208

STIPULATION AND ORDER TO EXTEND DISCOVERY. Signed by Judge Richard Seeborg on 1/14/14. (cl, COURT STAFF) (Filed on 1/14/2014)

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LATHAM & WATKINS LLP
Steven M. Bauer (Bar No. 135067)
[e-mail]
Margaret A. Tough (Bar No. 218056)
[e-mail]
Nicholas Y. Lin (Bar No. 268154)
[e-mail]
505 Montgomery Street, Suite 2000
San Francisco, California 94111-2562
Telephone: [phone]
Facsimile: 415.395.8095

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Attorneys for Petitioners

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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 Partners), et al.,

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Petitioners,

CASE NO. C-04-4264-RS
Related to Cases No. C-04-4309-RS, C-04-4398RS, C-04-4964-RS, C-05-1123-RS, C-05-1996RS, C-05-2835-RS, and C-05-3887-RS

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v.
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UNITED STATES OF AMERICA,

[PROPOSED] STIPULATION TO EXTEND
DISCOVERY

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Respondent.
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And All Related Cases
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ATTORNEYS AT LAW
SAN FRANCISCO

CASE NO. C-04-4264-RS

[Proposed] Stipulation to Extend Discovery

10988043.1

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On July 24, 2013, this Court ordered discovery be reopened and extended to November

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14, 2013 pursuant to a stipulation by the below parties for several limited purposes. On October

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22, 2013, this Court extended discovery to February 28, 2014 pursuant to a stipulation to allow

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the parties to resolve some outstanding discovery issues including the additional production of

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documents by several parties and the taking of depositions of designated trial witnesses. The

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parties now request a one-month additional extension to discovery due to some scheduling and

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logistics issues with the taking of some depositions of designated trial witnesses.

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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,

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LLC, Intervenors Tom Gonzales and Birch Ventures, LLC (“Intervenors”), and Respondent, the

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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 March 31, 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 and October

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22, 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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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 continuing to work to resolve this dispute without
the Court’s intervention.

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ATTORNEYS AT LAW
SAN FRANCISCO

CASE NO. C-04-4264-RS

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[Proposed] Stipulation to Extend Discovery

10988043.1

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Dated: January 13, 2014

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_/s/ Nicholas Y. Lin______________
NICHOLAS Y. LIN
Latham & Watkins
Attorney for Petitioners

_/s/ James E. Weaver [ by permission]
JAMES E. WEAVER
Trial Attorney
Tax Division, Department of Justice
Attorney for Respondent

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

_/s/ Dashiell C. Shapiro [by permission]
DASHIELL C. SHAPIRO
Wood LLP, Attorney for Intervenors
Tom Gonzales and Birch Ventures

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Respectfully submitted

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The order of October 22,
2013 is modified to extend the deadline of obtaining discovery (for the limited purposes
enumerated in that order and above) from February 28, 2014 to March 31, 2014.

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1/14/14
Dated: ______________

________________________
Honorable Richard Seeborg
United States District Judge

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ATTORNEYS AT LAW
SAN FRANCISCO

CASE NO. C-04-4264-RS

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[Proposed] Stipulation to Extend Discovery

10988043.1