Gray v. United States America
Filing
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ORDER to Continue Pretrial, ADR, and Trial Deadlines re 39 Stipulation filed by Steven A. Gray. Signed by Judge Samuel Conti on 12/27/2011. (sclc1, COURT STAFF) (Filed on 12/27/2011)
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Andrea D. McGary, CA SBN 215703
THE McGARY FIRM
Attorneys At Law
505 Montgomery Street, 11th FL
San Francisco, CA 94111
Email: assistance@themcgaryfirm.com
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Telephone: (415) 874-3500
Facsimile: (877) 243-9183
Attorneys for Plaintiff and Counter-Defendant
Steven A. Gray
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MELINDA HAAG (CABN 132612)
United States Attorney
THOMAS MOORE (ALBN 4305-O78T)
Chief, Tax Division
CYNTHIA L. STIER (DCBN 423256)
Assistant United States Attorney
11th Floor Federal Building
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: (415) 436-7000
Fax: (415) 436-7009
Attorneys for the Defendant / Counter-Claimant
United States of America
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT CALIFORNIA
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SAN FRANCISCO DIVISION
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STEVEN A. GRAY,
Case No. CV 11-0680 SC
Plaintiff ,
vs.
UNITED STATES OF AMERICA; and
DOES 1 through 30, inclusive.
STIPULATION & [PROPOSED]
ORDER TO CONTINUE PRETRIAL,
ADR, AND TRIAL DEADLINES
Defendant.
UNITED STATES OF AMERICA,
Counter-Claimant,
vs.
MANUEL MARTINEZ and STEVEN A.
GRAY
Case filed: February 15, 2011
Counter-Defendants
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STIPULATION & ORDER TO CONTINUE PRETRIAL, ADR & TRIAL DEADLINES
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IT IS HEREBY STIPULATED by and between Plaintiff/ Counter-Defendant STEVEN A.
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GRAY (sometimes hereinafter “Plaintiff GRAY”) and Defendant/Counter-Claimant UNITED
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STATES OF AMERICA (sometimes hereinafter “Defendant USA”), by and through their
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attorneys of record, that GOOD CAUSE exists and the parties request that the Court continue the
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pretrial and trial deadlines based on the following:
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1. The suit involves liability for the Trust Fund Recovery Penalty for quarters ending
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March 31, 2007, September 30, 2007, December 31, 2007, March 31, 2008, and June 2008 as to
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federal employment taxes owed by Ace Roofing, Inc., a California corporation owned by
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MANUEL MARTINEZ.
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2. Plaintiff/ Counter-Defendant GRAY disputes allegations that he was a responsible
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officer of Ace Roofing, Inc. and allegations that he willfully failed to collect, account for or turn
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over withholding and F.I.C.A. taxes with respect to Ace Roofing’s employees for said periods.
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Mr. GRAY asserts that he was not a “Responsible Person” nor was he “Willful” within the
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meaning of 26 U.S.C § 6672 and the applicable court cases there under, nor under any other
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federal law provision.
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3. Plaintiff GRAY has filed a Certification of Interested Entities or Persons as follows:
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Name
ACE ROOFING, INC., a California
corporation
Agent For Service Process – Manuel D.
Martinez
MANUEL D. MARTINEZ
9065 Lakewood Drive
Windsor, CA 95492
MADELINE M. MARTINEZ
9065 Lakewood Drive
Windsor, CA 95492
Connection or Interest
Principal debtor failing to tender
federal employment taxes due to
Defendant United States of America
Principal debtor failing to tender
federal employment taxes due to
Defendant United States of America
Spouse of Principal debtor failing to
tender federal employment taxes
due to Defendant United States of
America and transferee of assets
belonging to MANUEL MARTINEZ
AND ACE ROOFING, INC.
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4. Counter-Defendant MANUEL MARTINEZ has stipulated to entry of judgment and
has been dismissed from this action.
5. Pursuant to Federal Rule of Civil Procedure 16(b)(4), good cause exist for the Court to
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STIPULATION & ORDER TO CONTINUE PRETRIAL, ADR & TRIAL DEADLINES
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modify its September 9, 2011 Order Continuing Trial and Pretrial Deadlines and October 18,
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2011 Order Selecting ADR Process Early Neutral Evaluation.
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6. Assistant US Attorney Cynthia Stier, Esq. was recently been assigned to this matter
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during Assistant US Attorney Blake Stamm’s extended leave. Plaintiff/ Counter-Defendant
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STEVEN A. GRAY and Defendant/Counter-Claimant UNITED STATES OF AMERICA have
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been engaged in renewed settlement negotiations and are exploring settlement options that require
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certain government verification and approvals that will not be completed 1) prior to the current
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January 5, 2011 Discovery cut-off, 2) January 10, 2012 deadline for the parties’ Early Neutral
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Evaluation ["ENE"] Briefs, 3) January 12, 2012 ENE Conference, 4) January 16, 2012 ENE
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deadline, and 5) January 13, 2012 hearing on Plaintiffs’ motion for joinder of Madeline
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Martinez. If settlement is feasible, all matters may be taken off calendar without additional
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expenditure of the parties’ and the Court’s resources.
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7. The parties are mindful of and respectful of the Court’s September 9, 2011 Order
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Continuing Trial and Pretrial Deadlines and October 18, 2011 Order Selecting ADR Process
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Early Neutral Evaluation but as detailed herein above additional times is required to explore
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settlement options and reach settlement if feasible. A short continuance of the discovery cut-off,
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ENE, pretrial, and trial deadlines is necessary to allow the parties to complete their pending
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settlement exploration and obtain necessary government verifications and approvals if full and
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final settlement can be reached.
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8. Based on the foregoing, the parties respectfully request that this Court 1) modify its
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September 9, 2011 Order Continuing Trial and Pretrial Deadlines, 2) modify its October 18,
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2011 Order Selecting ADR Process Early Neutral Evaluation, and 3) continue the current
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discovery cut-off and all pre-trial and trial related dates for at least thirty (30) days including but
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not limited to the dates requested below:
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///
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///
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///
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STIPULATION & ORDER TO CONTINUE PRETRIAL, ADR & TRIAL DEADLINES
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Mediation / Early
Neutral Evaluation
Deadline
Discovery Cut-Off
Motion Hearing CutOff
Hearing On Motion
For Joinder Of
Madeline Martinez
Pre-Trial Conference
Trial
Current Deadline
January 16, 2012
Proposed Deadline
February 22, 2012
January 5, 2012
January 13, 2012
February 9, 2012
February 17, 2012
January 13, 2012
February 17, 2012
February 24, 2012
March 5, 2012
March 30, 2012
April 9, 2012
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Dated: December 22, 2011
The McGary Firm
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By:
/s/
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Andrea D. McGary, Esq.
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Attorneys for Plaintiff/Counter-Defendant
STEVEN A. GRAY
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Dated: December 22, 2011
United States Attorney Office,
Tax Division
By:
/s/
Cynthia L. Stier, Esq.
Assistant United States Attorney
Tax Division
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Attorneys for Defendant/Counter-Claimant
UNITED STATES OF AMERICA
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STIPULATION & ORDER TO CONTINUE PRETRIAL, ADR & TRIAL DEADLINES
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ORDER
Upon consideration of the parties’ Stipulation & [Proposed] Order To Continue Pretrial,
ADR, and Trial Deadlines, and good cause appearing therefor,
IT IS HEREBY ORDERED that the pretrial and trial deadlines be continued as follows:
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Revised Deadline
February 22, 2012
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Previous Deadline
Mediation / Early Neutral January 16, 2012
Evaluation Deadline
Discovery Cut-Off
January 5, 2012
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Motion Hearing Cut-Off
January 13, 2012
February 17, 2012
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January 13, 2012
Februrary 17, 2012
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Hearing On Motion For
Joinder Of Madeline
Martinez
Pre-Trial Conference
February 24, 2012
March 30, 2012
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Trial
March 5, 2012
April 9, 2012
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February 9, 2012
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IT IS SO ORDERED.
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Dated: December 27, 2011
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Honorable Samuel Conti
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United States District Court Judge
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STIPULATION & ORDER TO CONTINUE PRETRIAL, ADR & TRIAL DEADLINES
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