Princeton Stategic Investment Fund LLC, et al. v. United States of America

Filing 49

ORDER. Signed by Judge James Ware on October 19, 2011. (jwlc3, COURT STAFF) (Filed on 10/19/2011)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE NORTHERN DISTRICT OF CALIFORNIA

7

SAN FRANCISCO DIVISION

8

Princeton Stategic Investment Fund LLC,
et al.,

NO. C 04-04310 JW
ORDER PROVIDING NOTICE OF
POSSIBILITY OF GRANTING PARTIAL
SUMMARY JUDGMENT TO
NONMOVANT

9
Petitioners,
11
For the Northern District of California

United States District Court

10

v.
United States of America,

12

Respondent.
/

13
This case is scheduled for a hearing on Respondent’s Motion for Summary Judgment on
14
October 24, 2011. Petitioners have not cross-moved for summary judgment or partial summary
15
judgment.
16
Federal Rule of Civil Procedure 56(f)(1) provides that a court may, after providing notice
17
and a reasonable time to respond, grant summary judgment for a nonmovant. Fed. R. Civ. P.
18
56(f)(1).
19
Upon review of Respondent’s Motion, the Court hereby gives notice to the parties that the
20
Court may grant partial summary judgment to Petitioners on the issue of whether a Gross
21
Overvaluation Misstatement Penalty was properly assessed against Petitioners. The Court has
22

considered all argument and evidence submitted by the parties to date on this issue.1

23
24
25
26
1

27
28

(See Respondent’s Motion for Summary Judgment, Docket Item No. 34; Princeton
Strategic Investment Fund, LLC and Presidio Growth LLC’s Opposition to Respondent’s Motion for
Summary Judgment, Docket Item No. 38; Respondent’s Reply to Petitioner’s Opposition to
Respondent’s Motion for Summary Judgment, Docket Item No. 41.)

1
2

Should the government wish to respond to this Notice, it may file further supplemental
papers on or before October 21, 2011 at noon.

3
4

Dated: October 19, 2011
JAMES WARE
United States District Chief Judge

5
6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

1

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

2

Adair Ford Boroughs [e-mail]
David A. York [e-mail]
Margaret Tough [e-mail]
Martin Aaron Schainbaum [e-mail]
Steven Mark Bauer [e-mail]
Stuart David Gibson [e-mail]
Thomas Moore [e-mail]

3
4
5
6
7
8

Dated: October 19, 2011

Richard W. Wieking, Clerk

9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy