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

Filing 116

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE [re 114 Stipulation filed by Santa Clara Valley Housing Group, Inc.]. Case Management Statement due by 1/12/2012. Case Management Conference set for 1/19/2012 11:00 AM in Courtroom 8, 19th Floor, San Francisco. Signed by Judge William Alsup on 12/7/2011. (whasec, COURT STAFF) (Filed on 12/7/2011)

1 STEVEN TOSCHER, State Bar No. 91115
CHARLES P. RETTIG, State Bar No. 97848
2 AVRAM SALKIN, State Bar No. 30412
SHARYN M. FISK, State Bar No. 199898
3 LACEY E. STRACHAN, State Bar No. 260680
Hochman, Salkin, Rettig, Toscher & Perez, P.C.
4 9150 Wilshire Boulevard, Suite 300
Beverly Hills, California 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
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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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SANTA CLARA VALLEY HOUSING
GROUP, INC. and KRISTEN M. BOWES,

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CASE NO. 08-cv-05097-WHA
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER

Plaintiffs,

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v.

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UNITED STATES OF AMERICA
Defendant.

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SANTA CLARA VALLEY HOUSING GROUP, INC. (“Santa Clara”), and KRISTEN M.

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BOWES (“Bowes”) (collectively referred to as “Plaintiffs”) and the UNITED STATES OF AMERICA

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(“United States”) , by and through their attorneys, hereby request that the Case Management Conference

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may be continued from December 15, 2011 at 11:00 a.m. to January 19, 2012 at 11:00 a.m.

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The reason for the continuance is as follows:

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1.

On February 14, 2011, SCVHG filed a Motion for Summary Judgment on Second Class

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of Stock Issue (Doc. #70), Bowes filed a Motion for Summary Judgment (Doc. #71) and the United

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States filed a Motion for Summary Adjudication of Issues Against SCVHG (Doc. #66).

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Stipulation to Continue Case Management Conference and [Proposed] Order

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2.

On September 21, 2011, the Court issued Order Re Parties’ Cross-Motions for Summary

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Judgment (Doc. #96) in which it: (1) granted United States’ motion for partial summary judgment; (2)

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denying SCVHG’s motion for summary judgment; and (3) granting in part and denying in part Bowes’

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motion for summary judgment.

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3.

On September 26, 2011, this case was reassigned to the San Francisco division to the

Honorable William H. Alsup.

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4.

On October 7, 2011, SCVHG filed a Notice of Motion and Motion for Leave to File a

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Motion for Reconsideration seeking reconsideration of the Court’s Order Re Parties’ Cross-Motions for

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Summary Judgment dated September 21, 2011 (Doc. #96).

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5.

On October 12, 2011, the first Case Management Conference was held before this Court.

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In the Civil Pretrial Minutes, the Court stated that Judge Jeremy Fogel would rule on SCVHG’s Notice

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of Motion and Motion for Leave to File a Motion for Reconsideration, the trial schedule would be set

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after Judge Fogel’s ruling, and a further Case Management Conference was set for December 15, 2011.

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6.

On November 1, 2011, Judge Fogel granted SCVHG’s Motion for Leave to File a Motion

for Reconsideration and a final briefing schedule was set.

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7.

The United States filed its Opposition to the Motion for Reconsideration on November

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21, 2011 and SCVHG filed it Reply to Defendant’s Opposition on November 30, 2011. This matter is

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submitted and before Judge Fogel.

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Stipulation to Continue Case Management Conference and [Proposed] Order

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8.

The parties believe that a Case Management Conference would be more productive after

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Judge Fogel rules on the Motion for Reconsideration so that the parties will know what issues remain

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in the case.

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Therefore, the parties hereby stipulate that the Court continue the Case Management Conference
from December 15, 2011 at 11:00 a.m. to January 19, 2012 at 11:00 a.m.

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DATED: November 30, 2011

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

/S/ Sharyn M. Fisk
SHARYN M. FISK

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

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

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DATED: November 30, 2011

UNITED STATES DEPARTMENT OF JUSTICE

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JOHN A. DICICCO
Principal Deputy Assistant Attorney General

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By:

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/s/ Henry C. Darmstadter
HENRY C. DARMSTADTER
JAMES E. WEAVER
ADAM D. STRAIT
Trial Attorneys, Tax Division
U.S. Department of Justice

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Of counsel:
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MELINDA HAAG
United States Attorney
THOMAS NEWMAN
Assistant United States Attorney

Attorneys for the UNITED STATES OF AMERICA

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PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.

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ICT
ES
____________________________________
C
AT
T
HON. WILLIAM H. ALSUP
UNITED STATES DISTRICT JUDGE
R NIA

December
Dated this ___ day of ______________, 2011
7th

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