Marshall Naify Revocable Trust et al v. United States of America

Filing 30

ORDER to extend time re 28 Stipulation filed by United States of America. Signed by Judge Charles R. Breyer on 3/23/2010. (be, COURT STAFF) (Filed on 3/23/2010)

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JOSEPH P. RUSSONIELLO United States Attorney THOMAS M. NEWMAN (NYSBN 4256178) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102 Telephone: [phone] Fax: [phone] Attorneys for the United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MARSHALL NAIFY REVOCABLE TRUST, MICHAEL NAIFY, TRUSTEE, SUCCESSOR IN INTEREST TO THE ESTATE OF MARSHALL NAIFY, ) ) ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________) 1. No. 09-cv-1604-CRB

STIPULATION TO EXTEND TIME

This stipulation is submitted to extend the time for the defendant, the United

States, to file a further reply brief pursuant to this Court's Order dated February 4, 2010, and the subsequent Order extending the time for plaintiffs to file a response. (Docket Nos. 20 & 25). 2. The government's reply brief is currently due on March 19, 2010. The parties

stipulate to extend the time for the reply brief until March 22, 2010. 3. The reason for the extension is as follows: (1) on March 18, 2010, counsel for the

United States learned that IRS employees were subpoenaed to testify at depositions in a case unrelated to this matter; (2) the subpoenas, and the underlying state court case, were unknown to (counsel for) the United states until today, March 18, 2010, and (3) an attorney for the United States must appear at these depositions to defendant these employees which are scheduled for tomorrow at a location that is not currently know. For these reasons, the government requests an
Stipulation to Extend Time 09-cv-1604-CRB

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extension until Monday, March 22, 2010 to file its reply.

Dated March 18, 2010

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ Thomas M. Newman THOMAS M. NEWMAN Assistant United States Attorney Tax Division

Date: March 18, 2010

/s/Thomas F. Carlucci Attorney for Plaintiffs FOLEY & LARDNER LLP One Maritime Plaza, Sixth Floor San Francisco, CA 94111-3409 Telephone: [phone] Facsimile: 415.434.4507

Stipulation to Extend Time 09-cv-1604-CRB

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Signed: March 23, 2010 IT IS SO ORDERED. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MARSHALL NAIFY REVOCABLE TRUST, MICHAEL NAIFY, TRUSTEE, SUCCESSOR IN INTEREST TO THE ESTATE OF MARSHALL NAIFY, ) ) ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________) No. 09-cv-1604-CRB

ORDER

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T_ ______________E___________T_C__ __ TA CHARLES R. BREYER U.S. DISTRICT COURT JUDGE

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Stipulation to Extend Time 09-cv-1604-CRB

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