United States of America v. Caffe Amici Espresso, LLC

Filing 22

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE TO SEPTEMBER 16, 2010, AT 11:00 AM [re 20 Stipulation filed by United States of America]. Signed by Judge William Alsup on 8/17/2010. (whasec, COURT STAFF) (Filed on 8/17/2010)

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JOSEPH RUSSONIELLO United States Attorney THOMAS MOORE Assistant United States Attorney Chief, Tax Division THOMAS M. NEWMAN (NYSBN 4256178) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Email: [e-mail] Attorneys for the United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA Plaintiff, v. CAFFE AMICI ESPRESSO, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 10-cv-2310-WHA STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

The parties stipulate as follows: 1. This case was filed by plaintiffs to reduce specified tax assessments to judgment

and enjoin the defendant from failing to file employment tax returns, unemployment tax returns, and pay employment taxes to the IRS. 2. The Court set a Case Management Conference for September 2, 2010, and, in an

Order dated August 9, 2010, the Court stated that a Case Management Conference may be appropriate on August 26, 2010, in place of a noticed hearing. 3. On August 9, 2010, Plaintiff filed a response to a Court's Order, which stated that

default should be set aside and requested that the two pending motions be withdrawn. Plaintiff agreed that setting aside default made the motion for default judgment procedurally moot. 4. The parties respectfully request that the Initial Case Management Conference be

Case No. 10-cv-2310-WHA Stipulation

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continued until September 16, 2010 for several reasons. First, plaintiff's counsel has been unavailable to meet and confer with defendant's counsel about how to proceed in this case since the Answer has been filed. The parties only briefly conferred regarding a continued date for the Case Management Conference. Second, the parties believe more time is needed, given the change in the status of the case, to make initial disclosures, and confer regarding a schedule. The parties also believe this additional two weeks may be beneficial in order to discuss a resolution of this matter, which cannot be accomplished under the present schedule. 5. For these reasons, the parties request a two-week continuance of the September 2,

2010 Case Management Conference until September 16, 2010. Dated August 11, 2010 JOSEPH P. RUSSONIELLO United States Attorney /s/ Thomas M. Newman THOMAS M. NEWMAN Assistant United States Attorney Tax Division Dated August 11, 2010 /s/ James Cois Attorney for Defendant Caffe Amici Espresso

Case No. 10-cv-2310-WHA Stipulation

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Case No. 10-cv-2310-WHA ORDER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA Plaintiff, v. CAFFE AMICI ESPRESSO, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 10-cv-2310-WHA [proposed] ORDER

In accordance with the parties' stipulation, IT IS SO ORDERED. August 17th THUS DONE AND SIGNED on this _____ day of __________, 2010 at San Francisco, California.
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