Twenty-Two Strategic Investment Funds et al v. United States of America

Filing 71

STIPULATION AND ORDER TO ENLARGE TIME FOR BRIEFING IN REPLY TO RESPONDENT'S RESPONSE TO INTERVENOR'S MOTION FOR SUMMARY JUDGMENT. Signed by Judge Richard Seeborg on 1/8/13. (cl, COURT STAFF) (Filed on 1/8/2013)

Case3:05-cv-02835-RS Document70 Filed01/08/13 Page1 of 5

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MARTIN A. SCHAINBAUM (CSB # 37257)
BRYANT W.H. SMITH (CSB #250035)
ANDREW D. ALLEN (CSB #269502)
MARTIN A. SCHAINBAUM, PLC
351 California Street, Suite 800
San Francisco, CA 94104
Telephone:
[phone]
Fax:
[phone]
Email:
[e-mail]

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Attorneys for Birch Ventures, LLC and Tom Gonzales
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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TWENTY-TWO STRATEGIC
INVESTMENT FUNDS, LLC; AND
PRESIDIO GROWTH, LLC (Tax Matters
Partner),

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Petitioners,

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vs.
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UNITED STATES OF AMERICA
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Respondent.

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Case No.: C-05-2835 RS
ORDER
STIPULATION TO ENLARGE TIME
FOR BRIEFING IN REPLY TO
RESPONDENT’S RESPONSE TO
INTERVENOR’S MOTION FOR
SUMMARY JUDGMENT
Hearing Date: April 25, 2013
Time: 1:30 p.m.
Place: Courtroom 3, 17th Floor
Hon. Richard Seeborg

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Pursuant to Civil Local Rule 6-2, Intervenor Birch Ventures, LLC requests an

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enlargement of time for Intervenor to file briefing in reply to Respondent’s opposition to

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Intervenor’s Motion to Dismiss or, in the alternative, Motion for Summary Judgment.

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Stipulation and Proposed Order
(No. C-04-4264 RS)
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Respondent United States of America does not object to this request. In support of this request,

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Intervenor states as follows:
1.

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On November 21, 2012, Intervenor Birch Ventures, LLC filed a motion to dismiss

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or, in the alternative, a motion for summary judgment in the above-captioned case. (Dkt. No.

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64.)
2.

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On December 19, 2012, Respondent United States of America filed its opposition

to Intervenor Birch Ventures, LLC’s motion.

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3.

Intervenor’s reply is currently due on January 8, 2013.

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4.

Intervenor requests that Intervenor’s time to file its reply be extended by 7 days,

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so that it is due January 15, 2013.

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Previous Time Modifications

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

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

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04-4264 (N.D. Cal.), Dkt. Nos. 13, 18; Belford Strategic Investment Fund, LLC v. United States,

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Case No. 04-4309 (N.D. Cal.), Dkt. Nos. 8, 11; Princeton Strategic Investment Fund, LLC v.

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United States, Case No. 04-4310 (N.D. Cal.), Dkt. Nos. 11, 15; Sanford Strategic Investment

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Fund, LLC v. Untied States, Case No. 04-4398 (N.D. Cal.), Dkt. Nos. 9, 12; Olympus Strategic

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Investment Fund, LLC v. United States, Case No. 04-4399 (N.D. Cal.), Dkt. Nos. 9, 13; Sill

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Strategic Investment Fund, LLC v. United States, Case No. 04-4964 (N.D. Cal.), Dkt. Nos. 10,

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This Court previously granted Petitioners’ Motion to Shorten Time to Hear

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Motion to Compel a 30(b)(6) Deposition in these related cases. Shasta, Case No. 04-4264, Dkt.

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No. 48.

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7.

This Court granted Respondent's motion to stay these related cases on November

7, 2005, due to parallel criminal proceedings. Shasta, Case No. 04-4264, Dkt. No. 95. This

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Stipulation and Proposed Order
(No. C-04-4264 RS)
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Court grated a subsequent motion to stay these related cases on October 2, 2006. Shasta, Case

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No. 04-4264, Dkt. No. 103. This Court lifted the stay on June 9, 2011. Shasta, Case No. 04-

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4264, Dkt. No. 124.

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This Court previously granted a stipulated request to enlarge time for briefing in

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response to Respondent’s Motion for Summary Judgment in Princeton Strategic Investment
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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

in these related cases. Shasta, Case No. 04-4264, Dkt. Nos. 130, 133, and 140.

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10.

After Judge Ware retired and Judge Seeborg held a scheduling conference with

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the parties, the Court entered a Case Management Scheduling Order modifying the remaining
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schedule in these related cases. Shasta, Case No. 04-4264, 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

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in this case.
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The Requested Extensions Will Not Affect the Hearing Date or the Case Schedule
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The hearing on the motion has been set for April 25, 2013. Dkt. No. 163. Thus,

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the requested extensions would have no effect on the date of the hearing, which is more than

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fourteen weeks after the final reply brief would be filed under the requested extension.

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13.

By this Court’s order, the last date for hearing dispositive motions is April 25,

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2013. Dkt. No. 163. Thus, the requested extensions would not affect the schedule of the case.

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Stipulation and Proposed Order
(No. C-04-4264 RS)
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Case3:05-cv-02835-RS Document70 Filed01/08/13 Page4 of 5

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NOW, THEREFORE, IT IS AGREED AND STIPULATED by the parties, subject to an
order of the Court that:
(A) the time by which Intervenor Birch Ventures, LLC may file a reply to Respondent’s
Opposition to Intervenor Birch Ventures, LLC’s Motion to Dismiss or, in the alternative,

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Motion for Summary Judgment is extended to January 15, 2013.
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Dated: January 8, 2013

Respectfully Submitted,

/s/ Martin A. Schainbaum
MARTIN A. SCHAINBAUM
Martin A. Schainbaum, PLC
Attorney for Intervenors Birch
Ventures, LLC and Tom Gonzales

/s/ Adair F. Boroughs
ADAIR F. BOROUGHS
Trial Attorney
Tax Division, Department of Justice
Attorney for Respondent

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: 1/8/13
Richard Seeborg
United States District Judge

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Stipulation and Proposed Order
(No. C-04-4264 RS)
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