Public.Resource.org v. United States Internal Revenue Service

Filing 15

STIPULATION WITH PROPOSED ORDER re 14 MOTION to Dismiss , 10 Order Stipulation and [Proposed] Order Rescheduling Initial Case Management Conference and Hearing and Briefing Re Defendant's Motion to Dismiss filed by Public.Resource.org. (Burke, Thomas) (Filed on 9/10/2013)

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THOMAS R. BURKE (CA State Bar No. 141930)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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DAVID HALPERIN (Admitted Hac Vice
1530 P Street NW
Washington, DC 20005
Telephone:
[phone]
Email:
[e-mail]

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Attorneys for Plaintiff Public.Resource.Org

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MELINDA HAAG
United States Attorney
KATHRYN KENEALLY
Assistant Attorney General, Tax Division
YONATAN GELBLUM
CHRISTOPHER W. SANDERS
Trial Attorneys, Tax Division
U.S. Department of Justice
Post Office Box 227, Ben Franklin Station
Washington, D.C. 20044
Phone: [phone]/Fax: [phone]
Email: [e-mail]

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DAVIS WRIGHT TREMAINE LLP

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Attorneys for Defendant United States Internal Revenue Service

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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PUBLIC.RESOURCE.ORG., a California non- )
profit organization,
)
)
Plaintiff,
)
)
v.
)
)
UNITED STATES INTERNAL REVENUE
)
SERVICE,
)
)
Defendant.
)

Case No. 13-cv-02789 WHO
STIPULATION AND [PROPOSED]
ORDER RESCHEDULING INITIAL
CASE MANAGEMENT CONFERENCE
AND HEARING AND BRIEFING RE
DEFENDANT’S MOTION TO DISMISS

The parties, through their respective counsel of record, submit the following stipulation
and request that the Court issue an order as requested:
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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE AND DEFENDANT’S MOTION TO
DISMISS
Case No. 13-cv-02789-WHO

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WHEREAS, on September 3, 2013, defendant United States Internal Revenue Service
(“IRS”) filed a Motion to Dismiss (“the Motion”);

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WHEREAS, the Motion is scheduled for hearing on October 9, 2013, but this date (and

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other Wednesdays in October) conflict with previously scheduled teaching commitments at the

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University of California, Berkeley for lead counsel for plaintiff;

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WHEREAS, the Initial Case Management Conference in this matter is currently set for

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September 17, 2013, and counsel for the parties believe that the conference will be more

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productive if it is held after the Court has ruled on the IRS’s Motion;
WHEREAS, in light of these scheduling conflicts, counsel for the parties have agreed to

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DAVIS WRIGHT TREMAINE LLP

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continue the motion hearing to October 23, 2013, and stipulated to a different briefing schedule;

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NOW THEREFORE, IT IS HEREBY STIPULATED THAT:

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1. The October 9, 2013, hearing on defendant IRS’s Motion to Dismiss is continued to

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October, 23, 2013, at 2:00 p.m. in Courtroom 2 of the above-captioned Court.
2. Opposition papers currently due on September 17, 2013, to be due on September 30,
2013.

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3. Reply papers currently due on September 24, 2013, to be due on October 7, 2013.

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4. The Initial Case Management Conference scheduled September 17, 2013, is vacated

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and will be rescheduled by the Court to a date after the Court has ruled on the IRS’s

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Motion to Dismiss.

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IT IS SO STIPULATED
DATED this 10th day of September, 2013.

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MELINDA HAAG
United States Attorney
KATHRYN KENEALLY
Assistant Attorney General, Tax Division
YONATAN GELBLUM
Trial Attorney, Tax Division
By: /s/ Yonatan Gelblum
YONATAN GELBLUM
Attorneys for Defendant United States
Internal Revenue Service

DAVIS WRIGHT TREMAINE LLP
By: /s/ Thomas R. Burke
THOMAS R. BURKE
Attorneys for Plaintiff Public.Resource.Org

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE AND DEFENDANT’S MOTION TO
DISMISS
Case No. 13-cv-02789-WHO

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Thomas R. Burke, hereby attest that concurrences in the filing of this document have
been obtained from each of the signatories.
/s/ Thomas R. Burke
Thomas R. Burke

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[PROPOSED] ORDER
Pursuant to the parties’ stipulation, and good cause appearing, the foregoing is approved
and IT IS SO ORDERED.

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DAVIS WRIGHT TREMAINE LLP

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Date: ____________________

_________________________________
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE AND DEFENDANT’S MOTION TO
DWT 22567978v1 0200593-000001
DISMISS
Case No. 13-cv-02789-WHO
DWT 22577606v1 0200593-000001