Davis et al v. United States of America

Filing 10

STIPULATION AND ORDER re 9 EXTENSION OF TIME TO ANSWER AND CONTINUING CMC, filed by United States of America. Signed by Judge Elizabeth D Laporte on 11/2/2011. (kns, COURT STAFF) (Filed on 11/2/2011)

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MELINDA HAAG (CABN 132612)
United States Attorney
THOMAS MOORE (ALBN 4305-O78T)
Assistant United States Attorney
Chief, Tax Division
THOMAS M. NEWMAN (NYBN 4256178)
Assistant United States Attorney
11th Floor Federal Building
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102
Telephone: [phone]
Fax:
[phone]
Email: [e-mail]

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Attorneys for the United States of America

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ALLEN DAVIS and CAROL DAVIS,
Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.

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1.

Case No. 11-cv-4316-EDL

STIPULATION TO (1) EXTEND TIME
TO ANSWER OR OTHERWISE PLEAD,
AND (2) CONTINUE THE CASE
MANAGEMENT CONFERENCE; AND
PROPOSED ORDER

The parties stipulate as follows:

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Plaintiffs Allen and Carol Davis filed this case on August 31, 2011, which

seeks a refund of federal taxes for specified years.
2.

Plaintiffs served the defendant, the United States, on September 2, 2011,

and an answer or responsive pleading is due on or before November 1, 2011.
3.

Counsel for the United States has requested, but has not yet received the

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Internal Revenue Service administrative file, a letter referring this case for defense, and

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other documents necessary to file a pleading in this matter. Those documents should be

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sent so that a responsive pleading can be filed no later than December 2, 2011. Based on

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Stipulation to Extend Time to Answer
Case No. 11-4316-EDL

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these representations, the parties agree that defendant shall have until December 2, 2011,

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to file an answer or pleading in response to plaintiffs’ complaint.

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The parties further stipulate to continue the Case Management Conference

from December 13, 2011, to January 31, 2012, at 10:00 a.m.

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Respectfully submitted,

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MELINDA HAAG
United States Attorney

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Dated: October 31, 2011

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Dated: October 31, 2011

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/s/Thomas M. Newman
THOMAS M. NEWMAN
Assistant United States Attorney
Tax Division
/s/
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KENNETH G. HAUSMAN (No. 57252)
HOWARD RICE NEMEROVSKI CANADY
FALK & RABKIN
A Professional Corporation
Three Embarcadero Center, 7th Floor
San Francisco, California 94111-4024
ORDER

Pursuant to the parties’ stipulation, IT IS SO ORDERED.
November 2, 2011
Dated: _______________

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Stipulation to Extend Time to Answer
Case No. 11-4316-EDL

__________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge