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)

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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: 310/281-3200 Fax: 310/859-1430 6 E-Mail: sf@taxlitigator.com 7 Attorneys for Plaintiffs Santa Clara Valley Housing Group, Inc. and Kristen M. Bowes 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 SANTA CLARA VALLEY HOUSING GROUP, INC. and KRISTEN M. BOWES, 14 CASE NO. 08-cv-05097-WHA STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER Plaintiffs, 15 v. 16 17 UNITED STATES OF AMERICA Defendant. 18 19 20 SANTA CLARA VALLEY HOUSING GROUP, INC. (“Santa Clara”), and KRISTEN M. 21 BOWES (“Bowes”) (collectively referred to as “Plaintiffs”) and the UNITED STATES OF AMERICA 22 (“United States”) , by and through their attorneys, hereby request that the Case Management Conference 23 may be continued from December 15, 2011 at 11:00 a.m. to January 19, 2012 at 11:00 a.m. 24 The reason for the continuance is as follows: 25 1. On February 14, 2011, SCVHG filed a Motion for Summary Judgment on Second Class 26 of Stock Issue (Doc. #70), Bowes filed a Motion for Summary Judgment (Doc. #71) and the United 27 States filed a Motion for Summary Adjudication of Issues Against SCVHG (Doc. #66). 28 /// 1 Stipulation to Continue Case Management Conference and [Proposed] Order 1 2. On September 21, 2011, the Court issued Order Re Parties’ Cross-Motions for Summary 2 Judgment (Doc. #96) in which it: (1) granted United States’ motion for partial summary judgment; (2) 3 denying SCVHG’s motion for summary judgment; and (3) granting in part and denying in part Bowes’ 4 motion for summary judgment. 5 6 3. On September 26, 2011, this case was reassigned to the San Francisco division to the Honorable William H. Alsup. 7 4. On October 7, 2011, SCVHG filed a Notice of Motion and Motion for Leave to File a 8 Motion for Reconsideration seeking reconsideration of the Court’s Order Re Parties’ Cross-Motions for 9 Summary Judgment dated September 21, 2011 (Doc. #96). 10 5. On October 12, 2011, the first Case Management Conference was held before this Court. 11 In the Civil Pretrial Minutes, the Court stated that Judge Jeremy Fogel would rule on SCVHG’s Notice 12 of Motion and Motion for Leave to File a Motion for Reconsideration, the trial schedule would be set 13 after Judge Fogel’s ruling, and a further Case Management Conference was set for December 15, 2011. 14 15 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. 16 7. The United States filed its Opposition to the Motion for Reconsideration on November 17 21, 2011 and SCVHG filed it Reply to Defendant’s Opposition on November 30, 2011. This matter is 18 submitted and before Judge Fogel. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 Stipulation to Continue Case Management Conference and [Proposed] Order 1 8. The parties believe that a Case Management Conference would be more productive after 2 Judge Fogel rules on the Motion for Reconsideration so that the parties will know what issues remain 3 in the case. 4 5 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. 6 7 DATED: November 30, 2011 8 HOCHMAN, SALKIN, RETTIG, TOSCHER & PEREZ, P.C. By: /S/ Sharyn M. Fisk SHARYN M. FISK 9 Hochman, Salkin, Rettig, Toscher & Perez, P.C. 9150 Wilshire Boulevard, Suite 300 Beverly Hills, California 90212-3414 Telephone: (310) 281-3200 Facsimile: (310) 859-1430 Fisk@taxlitigator.com 10 11 12 13 Attorney for SANTA CLARA VALLEY HOUSING GROUP, INC. and KRISTEN M. BOWES 14 DATED: November 30, 2011 UNITED STATES DEPARTMENT OF JUSTICE 15 16 JOHN A. DICICCO Principal Deputy Assistant Attorney General 17 By: 18 19 /s/ Henry C. Darmstadter HENRY C. DARMSTADTER JAMES E. WEAVER ADAM D. STRAIT Trial Attorneys, Tax Division U.S. Department of Justice 20 Of counsel: 21 22 23 MELINDA HAAG United States Attorney THOMAS NEWMAN Assistant United States Attorney Attorneys for the UNITED STATES OF AMERICA 24 PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED. 26 DISTR S VED APPRO 3 NO lsup illiam A FO Judge W RT Stipulation to Continue Case Management Conference and [Proposed] Order H ER LI 316 775 .1 UNIT ED 28 RT U O 27 ICT ES ____________________________________ C AT T HON. WILLIAM H. ALSUP UNITED STATES DISTRICT JUDGE R NIA December Dated this ___ day of ______________, 2011 7th A 25 N F D IS T IC T O R C

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