Davis et al v. United States of America

Filing 19

STIPULATION AND ORDER Extending Time to File Opening Brief re 18 : Motions for Summary Judgment due by 3/30/2012. Signed by Magistrate Judge Elizabeth D. Laporte on 3/27/2012. (kns, COURT STAFF) (Filed on 3/28/2012) Modified on 3/28/2012 (tn, COURT STAFF).

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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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Case No. 11-cv-4316-EDL

STIPULATION TO EXTEND TIME TO
FILE OPENING BRIEF
AND ORDER

The parties stipulate as follows:

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The parties filed a stipulation setting a briefing schedule that required each

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party to file a cross-motion for summary judgment on March 27, 2012. Thereafter,

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responses are due on April 24, 2012, and replies must be filed on May 8, 2012.

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2.

Currently, a hearing on this motion is set for May 29, 2012.

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3.

In preparing to file these motions, Plaintiffs have prepared a stipulation of

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undisputed facts, which have revisions following the parties discussion. The last

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discussion regarding the stipulation was on March 21, 2012, and the parties agreed to the

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changes necessary to file a final stipulation after further review. Plaintiffs sent the

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revisions on March 21, 2012, following that discussion but the documents were not
Stipulation to Extend Time
Case No. 11-4316-EDL

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received by defendant’s counsel. Defendant requested additional time to review the

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stipulation, and incorporate references into the stipulation the motion for summary

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judgment that is currently due on March 27, 2012.

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For that reason, the parties stipulate to file their respective motions for

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summary judgment, including opening briefs on March 30, 2012.

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Respectfully submitted,
MELINDA HAAG
United States Attorney

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Dated: March 26, 2012

Dated: March 26, 2012

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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

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Pursuant to the parties’ stipulation, IT IS SO ORDERED. The opposition briefs remain due on

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April 24, 2012 and the replies remain due on May 8, 2012

S DISTRICT
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__________________________
TA
ELIZABETH D. LAPORTE

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United States Magistrate Judge

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

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March 27, 2012
Dated: _______________

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