Santa Clara Valley Housing Group, Inc. et al v. United States of America

Filing 110

ORDER APPROVING 109 JOINT STIPULATION TO EXTEND TIME TO FILE DEFENDANT'S OPPOSITION, AND PLAINTIFF'S REPLY, TO MOTION FOR RECONSIDERATION. Signed by Judge Jeremy Fogel on 11/7/2011. (jflc2, COURT STAFF) (Filed on 11/9/2011)

1 STEVEN TOSCHER, State Bar No. 91115
CHARLES P. RETTIG, State Bar No. 97848
2 AVRAM SALKIN, State Bar No. 30412
EDWARD M. ROBBINS, JR., State Bar No. 82696
3 SHARYN M. FISK, State Bar No. 199898
Hochman Salkin Rettig Toscher & Perez, P.C.
4 9150 Wilshire Boulevard, Suite 300
Beverly Hills, CA 90212
5 Phone: [phone]
Fax: [phone]
6 E-Mail: [e-mail]
7 Attorneys for Plaintiffs Santa Clara Valley Housing Group, Inc.
and Kristen M. Bowes
8
MELINDA L. HAAG
9 United States Attorney
THOMAS M. NEWMAN
10 Assistant United States Attorney
HENRY C. DARMSTADTER
11 JAMES E. WEAVER
ADAM D. STRAIT
12 Trial Attorneys, Tax Division
U.S. Department of Justice
13 P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044-0683
14 Telephone: [phone]
[e-mail]
15
Attorneys for the United States of America
16
17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA

19
20

SANTA CLARA VALLEY HOUSING
GROUP, INC. and KRISTEN M. BOWES,
Plaintiffs,

21
22
23
24

CASE NO. 08-cv-05097-WHA
JOINT STIPULATION TO EXTEND TIME
TO FILE DEFENDANT’S OPPOSITION,
AND PLAINTIFF’S REPLY, TO MOTION
FOR RECONSIDERATION, AND
[PROPOSED] ORDER

v.
UNITED STATES OF AMERICA
Defendant.

25
26
27
28

SANTA CLARA VALLEY HOUSING GROUP, INC. (“Santa Clara”), and KRISTEN M.
BOWES (“Bowes”) (collectively referred to as “Plaintiffs”) and the UNITED STATES OF AMERICA
(“Defendant”), by and through their attorneys, hereby request that the deadlines for (1) Defendant to file
1
Joint Stipulation to Extend Time to file Defendant’s Opposition, and Plaintiff’s Reply, to Plaintiff’s
Motion for Reconsideration, and [Proposed] Order

1

an opposition to Plaintiff’s motion for reconsideration, and (2) Plaintiff Santa Clara to file a reply to

2

Defendant’s opposition, be extended for a short time (approximately one week) as set forth below.

3

In support of this Stipulation, the parties state as follows:

4

1.

On February 14, 2011, the parties filed cross motions for summary judgment.

5

2.

On July 19, 2011, the Court heard oral argument on the motions.

6

3.

On September 21, 2011, the Court issued an order with respect to the cross motions for

7

summary judgment in which the Court: (1) granted Defendant’s motion for partial summary judgment;

8

(2) denied Santa Clara’s motion for summary judgment; and (3) granted, in part, and denied, in part,

9

Bowes’ motion for summary judgment.

10
11

4.

On October 7, 2011, Santa Clara moved for leave to file a motion for reconsideration of

the Court’s September 21, 2011 order.

12

5.

On November 1, 2011, the Court granted Santa Clara’s motion for leave to file a motion

13

for reconsideration of the Court’s order. (Doc. 108). The Court set deadlines for the Defendant to file

14

an opposition by November 14, 2011 and for the Plaintiff to file a reply by November 21, 2011.

15
16

6.

seeking very brief extensions of the deadlines established by the Court in its order of November 1, 2011.

17
18

Due to scheduling obligations with respect to other matters, counsel for the parties are

7.

The parties hereby stipulate and request that the deadlines be revised so that the

Defendant may file its opposition to Santa Clara’s motion for reconsideration by November 21, 2011.

19

8.

The parties further stipulate and request that the deadlines be revised so that the Plaintiff

20

may file a reply to Defendant’s opposition by November 30, 2011.

21

//

22

//

23

//

24

//

25

//

26

//

27
28

(Signature blocks and proposed order appear on next page)
2
Joint Stipulation to Extend Time to file Defendant’s Opposition, and Plaintiff’s Reply, to Plaintiff’s
Motion for Reconsideration, and [Proposed] Order

1
2

DATED: November 2, 2011

HOCHMAN, SALKIN, RETTIG, TOSCHER & PEREZ, P.C.

3
4

By:

/s/ Sharyn M. Fisk [authorized to sign by e-mail]
SHARYN M. FISK

5
Hochman, Salkin, Rettig, Toscher & Perez, P.C.
9150 Wilshire Boulevard, Suite 300
Beverly Hills, California 90212-3414
Telephone: [phone]
Facsimile: [phone]
[e-mail]

6
7
8

Attorney for SANTA CLARA VALLEY HOUSING GROUP, INC.
and KRISTEN M. BOWES

9
10
11

DATED: November 2, 2011

UNITED STATES DEPARTMENT OF JUSTICE

12
13
14
15
16
17
18

By: /s/ James E. Weaver
HENRY C. DARMSTADTER
JAMES E. WEAVER
ADAM STRAIT
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044-0683
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]

19
Attorneys for the UNITED STATES OF AMERICA
20
21
PURSUANT TO STIPULATION, IT IS SO ORDERED.
22
23
24

Dated this ___ day of ______________, 2011

____________________________________
UNITED STATES DISTRICT JUDGE

25
26
27
28
3
Joint Stipulation to Extend Time to file Defendant’s Opposition, and Plaintiff’s Reply, to Plaintiff’s
Motion for Reconsideration, and [Proposed] Order