Gray v. United States America

Filing 40

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)

Download PDF
1 2 3 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 4 5 6 Telephone: (415) 874-3500 Facsimile: (877) 243-9183 Attorneys for Plaintiff and Counter-Defendant Steven A. Gray 7 8 9 10 11 12 13 14 15 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 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT CALIFORNIA 18 SAN FRANCISCO DIVISION 19 20 21 22 23 24 25 26 27 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 28 STIPULATION & ORDER TO CONTINUE PRETRIAL, ADR & TRIAL DEADLINES 1 IT IS HEREBY STIPULATED by and between Plaintiff/ Counter-Defendant STEVEN A. 2 GRAY (sometimes hereinafter “Plaintiff GRAY”) and Defendant/Counter-Claimant UNITED 3 STATES OF AMERICA (sometimes hereinafter “Defendant USA”), by and through their 4 attorneys of record, that GOOD CAUSE exists and the parties request that the Court continue the 5 pretrial and trial deadlines based on the following: 6 1. The suit involves liability for the Trust Fund Recovery Penalty for quarters ending 7 March 31, 2007, September 30, 2007, December 31, 2007, March 31, 2008, and June 2008 as to 8 federal employment taxes owed by Ace Roofing, Inc., a California corporation owned by 9 MANUEL MARTINEZ. 10 2. Plaintiff/ Counter-Defendant GRAY disputes allegations that he was a responsible 11 officer of Ace Roofing, Inc. and allegations that he willfully failed to collect, account for or turn 12 over withholding and F.I.C.A. taxes with respect to Ace Roofing’s employees for said periods. 13 Mr. GRAY asserts that he was not a “Responsible Person” nor was he “Willful” within the 14 meaning of 26 U.S.C § 6672 and the applicable court cases there under, nor under any other 15 federal law provision. 16 3. Plaintiff GRAY has filed a Certification of Interested Entities or Persons as follows: 17 18 19 20 21 22 23 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. 24 25 26 27 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 28 2 STIPULATION & ORDER TO CONTINUE PRETRIAL, ADR & TRIAL DEADLINES 1 modify its September 9, 2011 Order Continuing Trial and Pretrial Deadlines and October 18, 2 2011 Order Selecting ADR Process Early Neutral Evaluation. 3 6. Assistant US Attorney Cynthia Stier, Esq. was recently been assigned to this matter 4 during Assistant US Attorney Blake Stamm’s extended leave. Plaintiff/ Counter-Defendant 5 STEVEN A. GRAY and Defendant/Counter-Claimant UNITED STATES OF AMERICA have 6 been engaged in renewed settlement negotiations and are exploring settlement options that require 7 certain government verification and approvals that will not be completed 1) prior to the current 8 January 5, 2011 Discovery cut-off, 2) January 10, 2012 deadline for the parties’ Early Neutral 9 Evaluation ["ENE"] Briefs, 3) January 12, 2012 ENE Conference, 4) January 16, 2012 ENE 10 deadline, and 5) January 13, 2012 hearing on Plaintiffs’ motion for joinder of Madeline 11 Martinez. If settlement is feasible, all matters may be taken off calendar without additional 12 expenditure of the parties’ and the Court’s resources. 13 7. The parties are mindful of and respectful of the Court’s September 9, 2011 Order 14 Continuing Trial and Pretrial Deadlines and October 18, 2011 Order Selecting ADR Process 15 Early Neutral Evaluation but as detailed herein above additional times is required to explore 16 settlement options and reach settlement if feasible. A short continuance of the discovery cut-off, 17 ENE, pretrial, and trial deadlines is necessary to allow the parties to complete their pending 18 settlement exploration and obtain necessary government verifications and approvals if full and 19 final settlement can be reached. 20 8. Based on the foregoing, the parties respectfully request that this Court 1) modify its 21 September 9, 2011 Order Continuing Trial and Pretrial Deadlines, 2) modify its October 18, 22 2011 Order Selecting ADR Process Early Neutral Evaluation, and 3) continue the current 23 discovery cut-off and all pre-trial and trial related dates for at least thirty (30) days including but 24 not limited to the dates requested below: 25 /// 26 /// 27 /// 28 /// 3 STIPULATION & ORDER TO CONTINUE PRETRIAL, ADR & TRIAL DEADLINES 1 2 3 4 5 6 7 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 8 9 Dated: December 22, 2011 The McGary Firm 10 By: /s/ 11 Andrea D. McGary, Esq. 12 Attorneys for Plaintiff/Counter-Defendant STEVEN A. GRAY 13 14 15 16 Dated: December 22, 2011 United States Attorney Office, Tax Division By: /s/ Cynthia L. Stier, Esq. Assistant United States Attorney Tax Division 17 18 Attorneys for Defendant/Counter-Claimant UNITED STATES OF AMERICA 19 20 21 22 23 24 25 26 27 28 4 STIPULATION & ORDER TO CONTINUE PRETRIAL, ADR & TRIAL DEADLINES 1 2 3 4 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: 5 Revised Deadline February 22, 2012 7 Previous Deadline Mediation / Early Neutral January 16, 2012 Evaluation Deadline Discovery Cut-Off January 5, 2012 8 Motion Hearing Cut-Off January 13, 2012 February 17, 2012 9 January 13, 2012 Februrary 17, 2012 11 Hearing On Motion For Joinder Of Madeline Martinez Pre-Trial Conference February 24, 2012 March 30, 2012 12 Trial March 5, 2012 April 9, 2012 6 10 February 9, 2012 13 14 IT IS SO ORDERED. 15 16 Dated: December 27, 2011 17 Honorable Samuel Conti 18 United States District Court Judge 19 20 21 22 23 24 25 26 27 28 i STIPULATION & ORDER TO CONTINUE PRETRIAL, ADR & TRIAL DEADLINES

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?