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

Filing 22

STIPULATION AND ORDER RESCHEDULING REPLY BRIEF DEADLINE ON DEFENDANT'S MOTION TO DISMISS re 20 STIPULATION WITH PROPOSED ORDER. The hearing date for the motion to dismiss is off calendar. Defendant shall renotice the hearing for a date not less than two weeks after a reply brief is filed. Signed by Judge William H. Orrick on 10/15/2013. (jmdS, COURT STAFF) (Filed on 10/15/2013)

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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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Attorneys for Defendant United States Internal Revenue Service

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DAVIS WRIGHT TREMAINE LLP

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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]
DAVID HALPERIN (Admitted Hac Vice
1530 P Street NW
Washington, DC 20005
Telephone:
[phone]
Email:
[e-mail]
Attorneys for Plaintiff Public.Resource.Org

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IN THE UNITED STATES DISTRICT COURT
THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
PUBLIC.RESOURCE.ORG., a California non- )
profit organization,
)
)
Plaintiff,
)
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v.
)
)
UNITED STATES INTERNAL REVENUE
)
SERVICE,
)
)
Defendant.
)

Case No. 13-cv-02789 WHO
STIPULATION AND
ORDER RESCHEDULING REPLY
BRIEF DEADLINE ON 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 ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE AND DEFENDANT’S MOTION TO
DISMISS

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WHEREAS, on September 3, 2013, defendant United States Internal Revenue Service
(“IRS”) filed a Motion to Dismiss (“the Motion”);
WHEREAS, on September 11, 2013, the Court approved a stipulation extending Plaintiff’s
time to respond to September 30, 2013, and Defendant’s time to reply to October 7, 2013.

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WHEREAS, Plaintiff filed its opposition on September 30, 2013;

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WHEREAS, at the end of the same day, the appropriations act that had been funding the

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Department of Justice expired, and appropriations to the Department, as well as to the Internal

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Revenue Service, elapsed, and given the complexity of the issues in this case, the Department will

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need more time, even once funding is restored, to work with the Internal Revenue Service on a

DAVIS WRIGHT TREMAINE LLP

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reply to Plaintiff’s opposition;

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WHEREAS, absent an appropriation, Department of Justice attorneys and employees of

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the Internal Revenue Service are prohibited from working, even on a voluntary basis, except in

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very limited circumstances, including “emergencies involving the safety of human life or the

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protection of property.” 31 U.S.C. § 1342;

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WHEREAS, once funding is restored, the Department and the Internal Revenue Service
hope to file a reply within six business days.
WHERE, in light of the above, counsel for the parties have agreed to postpone

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Defendant’s time to reply until six business day after funding is restored, and will coordinate with

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the Court and each other should the delay necessitate postponement of the motion hearing

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currently scheduled for October 23, 2013;

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NOW THEREFORE, IT IS HEREBY STIPULATED THAT:

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The reply currently due on October 7, 2013, may be filed within six business days after the

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Department and the Internal Revenue Service are funded.

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STIPULATION AND ORDER RESCHEDULING REPLY BRIEF DEADLINE ON DEFENDANT’S MOTION TO DISMISS

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IT IS SO STIPULATED

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DATED this 4th day of October, 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

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I, Yonatan Gelblum, hereby attest that concurrences in the filing of this document have
been obtained from each of the signatories.
________________________________
Yonatan Gelblum

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

ATTESTATION PURSUANT TO GENERAL ORDER 45

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DAVIS WRIGHT TREMAINE LLP

ORDER
Pursuant to the parties’ stipulation, and good cause appearing, the foregoing is approved
and IT IS SO ORDERED. The hearing date for the motion to dismiss is off calendar.
Defendant shall renotice the hearing for a date not less than two weeks after its reply

brief is filed.
October 15, 2013
Date: ____________________

_________________________________
United States District Court Judge

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STIPULATION AND ORDER RESCHEDULING REPLY BRIEF DEADLINE ON DEFENDANT’S MOTION TO DISMISS
DWT 22567978v1 0200593-000001