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

Filing 36

STIPULATION AND ORDER RESCHEDULING HEARING ON DEFENDANT'S MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE by Hon. William H. Orrick granting (with modifications) 35 Stipulation. Unless the parties notify the Court that a settlement has been reached, hearing on the Motion to Dismiss and the Initial Case Management Conference shall occur on June 18, 2014. The parties shall file a Joint Case Management Statement no later than June 11, 2014, setting forth, among other matters, a proposed case management schedule. (jmdS, COURT STAFF) (Filed on 3/18/2014)

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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 (CA State Bar No. 254297)
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
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SERVICE,
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Defendant.
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Case No. 13-cv-02789 WHO
STIPULATION AND ORDER
RESCHEDULING HEARING ON
DEFENDANT’S MOTION TO DISMISS
AND INITIAL CASE MANAGEMENT
CONFERENCE

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STIPULATION AND ORDER RESCHEDULING HEARING ON MOTION TO DISMISS AND INITIAL CASE MANAGEMENT
CONFERENCE
Case No. 13-cv-02789-WHO
11235164.1

DWT 23743517v1 0200593-000001

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The parties, through their respective counsel of record, submit the following stipulation
and request that the Court issue an order as requested:
WHEREAS, on September 3, 2013, defendant United States Internal Revenue Service
(“IRS”) filed a Motion to Dismiss (“the Motion”);
WHEREAS, on November 14, 2013, the Court set a date of December 18, 2013, for the
hearing on the Motion and the Initial Case Management Conference (“CMC”);
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

DAVIS WRIGHT TREMAINE LLP

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mediator on or before February 11, 2014;
WHEREAS, on December 2, 2013, pursuant to the parties’ stipulation, the Court continued

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the hearing on the Motion and the CMC, and directed the parties to re-calendar the Motion and

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CMC for hearing no later than March 19, 2014;

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WHEREAS, the parties participated in an in-person mediation session with the Court-

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appointed mediator on January 24, 2014, and two follow-up telephonic mediation sessions on

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February 10, 2014, and March 5, 2014;

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WHEREAS, the parties and the mediator have scheduled a further telephonic mediation
session for April 1, 2014;
WHEREAS, the parties have made considerable progress toward resolving their dispute,

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but require additional time to reach a formal agreement, and therefore believe that it would be

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more efficient for the Court and the parties to continue the hearing on the IRS’ Motion and the

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CMC for an additional 90 days, subject to future extensions;

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STIPULATION AND ORDER RESCHEDULING HEARING ON MOTION TO DISMISS AND INITIAL CASE MANAGEMENT
CONFERENCE
Case No. 13-cv-02789-WHO
11235164.1

DWT 23743517v1 0200593-000001

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NOW THEREFORE, IT IS HEREBY STIPULATED THAT:

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1. The Hearing on the Motion to Dismiss and the Initial Case Management Conference are

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continued until June 18, 2014, if the parties do not reach a settlement or the parties seek

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a further extension.

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2. The parties will notify the Court immediately if settlement is reached.

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IT IS SO STIPULATED.

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DATED this 17th day of March, 2014.

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

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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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ORDER
Pursuant to the parties’ stipulation, and good cause appearing, the foregoing is approved
and as modified below IT IS SO ORDERED:

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1. The parties have had ample time to determine whether to resolve this case. Unless the

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parties notify the Court that a settlement has been reached, hearing on the Motion to

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Dismiss and the Initial Case Management Conference shall occur on June 18, 2014.

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STIPULATION AND ORDER RESCHEDULING HEARING ON MOTION TO DISMISS AND INITIAL CASE MANAGEMENT
CONFERENCE
Case No. 13-cv-02789-WHO
11235164.1

DWT 23743517v1 0200593-000001

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2. The parties shall file a Joint Case Management Statement no later than June 11, 2014,
setting forth, among other matters, a proposed case management schedule.

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Date: March 18, 2014

_________________________________
United States District Court Judge

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DAVIS WRIGHT TREMAINE LLP

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STIPULATION AND ORDER RESCHEDULING HEARING ON MOTION TO DISMISS AND INITIAL CASE MANAGEMENT
CONFERENCE
Case No. 13-cv-02789-WHO
11235164.1

DWT 23743517v1 0200593-000001