Perrenod v. United States of America et al

Filing 24

ORDER GRANTING ENE EXTENSION by Hon. William Alsup granting 23 Stipulation.(whalc1, COURT STAFF) (Filed on 2/7/2013)

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1 MELINDA HAAG (CABN 132612) United States Attorney 2 3 THOMAS MOORE (ALBN 4305-O78T) Assistant United States Attorney Chief, Tax Division 4 5 6 7 8 CHARLES PARKER (CABN 283078) Special Assistant United States Attorney 11th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7149 Fax: (415) 436-7009 Email: 9 Attorneys for the United States of America 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 GEORGE PERRENOD, 15 Plaintiff, 16 17 18 19 20 21 22 v. UNITED STATES OF AMERICA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. CV-12-3815 WHA STIPULATION TO CONTINUE THE EARLY NEUTRAL EVALUATION TO APRIL 30, 2013 and [proposed] ORDER Defendants, the United States of American and the Internal Revenue Service, and plaintiff George Perrenod, through their respective counsel, stipulate as follows: On January 24, 2013, the parties met via telephone for their pre-session early neutral 23 evaluation with evaluator Mark Penskar. The parties discussed in detail the primary legal and 24 factual issues of the case and what discovery is anticipated. After discussing the case, it was 25 apparent that any neutral evaluation conducted by the current February 15, 2013, deadline, would 26 not be beneficial to the parties until certain discovery was completed. In particular, the United 27 States cannot make a determination of Mr. Perrenod’s tax liabilities until plaintiff responds to 28 written discovery and a deposition of Mr. Perrenod is completed. Attempts to resolve the matter 1 before the parties engage in discovery practice is premature. The parties concluded that an early 2 neutral evaluation should not be held until the United States has had an opportunity to propound 3 written discovery upon and depose plaintiff. It was agreed between counsel for both parties and 4 evaluator Mark Penskar that a neutral evaluation should be continued to April 30, 2013. Any 5 attempt to evaluate the case prior to this date would not be an effective use of the parties’ time. For these reasons, IT IS STIPULATED AND AGREED that the early neutral evaluation 6 7 deadline of February 15, 2013, be continued to April 30, 2013. 8 Respectfully Submitted, 9 MELINDA HAAG United States Attorney 10 Dated: January 24, 2013 /s/ CHARLES PARKER Special Assistant United States Attorney Attorneys for Defendants Dated: January 24, 2013 11 /s/ CINDY L. HO Attorney for Plaintiff 12 13 14 15 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. 18 19 Date: February 7, 2013. HONORABLE WILLIAM ALSUP United States District Judge 20 21 22 23 24 25 26 27 28 Stipulation to Continue the Early Neutral Evaluation to April 30, 2013 C 12-3815 WHA 2

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