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

Filing 30

STIPULATION WITH PROPOSED ORDER Rescheduling Hearing on Defendant's Motion to Dismiss and Initial Case Management Conference filed by Public.Resource.org. (Burke, Thomas) (Filed on 11/27/2013)

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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,
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Plaintiff,
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v.
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UNITED STATES INTERNAL REVENUE
)
SERVICE,
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Defendant.
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Case No. 13-cv-02789 WHO
STIPULATION AND [PROPOSED]
ORDER RESCHEDULING HEARING
ON DEFENDANT’S MOTION TO
DISMISS AND INITIAL CASE
MANAGEMENT CONFERENCE

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 HEARING ON MOTION TO DISMISS AND INITIAL CASE
MANAGEMENT CONFERENCE
Case No. 13-cv-02789-WHO
DWT 22984707v1 0200593-000001

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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 December 18, 2013;

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WHEREAS, the Initial Case Management Conference in this matter is also scheduled for

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December 18, 2013;
WHEREAS, on November 15, 2013, the parties participated in an ADR Phone Conference

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with the Court’s ADR Program Director pursuant to Civil Local Rule 16-8 and ADR Local Rule

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3-5, and the parties agreed to participate in an ADR mediation session with a Court-appointed

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mediator on or before February 11, 2014;

DAVIS WRIGHT TREMAINE LLP

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WHEREAS, the parties believe that the mediation session may help resolve their dispute,

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and therefore it would be more efficient for the Court and the parties to continue the hearing on the

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IRS’ Motion and the Initial Case Management Conference until after the mediation session;

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NOW THEREFORE, IT IS HEREBY STIPULATED THAT:

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The hearing on the Motion to Dismiss and the Initial Case Management Conference

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scheduled for December 18, 2013, are vacated and will be rescheduled by the Court to a date after

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the parties participate in an ADR mediation session, which session shall take place on or before

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February 11, 2013.

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IT IS SO STIPULATED.

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DATED this 27th day of November, 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
CHRISTOPHER W. SANDERS
Attorneys for Defendant United States
Internal Revenue Service

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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 HEARING ON MOTION TO DISMISS AND INITIAL CASE
MANAGEMENT CONFERENCE
Case No. 13-cv-02789-WHO
DWT 22984707v1 0200593-000001

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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.

DAVIS WRIGHT TREMAINE LLP

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Date: ____________________

_________________________________
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING HEARING ON MOTION TO DISMISS AND INITIAL CASE
MANAGEMENT CONFERENCE
Case No. 13-cv-02789-WHO
DWT 22984707v1 0200593-000001