ERG Aerospace Corporation v. United States of America

Filing 60

Order by Hon. Vince Chhabria granting 58 Stipulation to Continue Case Management Conference.(knm, COURT STAFF) (Filed on 4/8/2015)

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1 MELINDA HAAG (CABN 132612) United States Attorney 2 THOMAS MOORE (ALBN 4305-O78T) 3 Chief, Tax Division 4 THOMAS M. NEWMAN (NYSBN 4256178) Assistant United States Attorney 5 11th Floor Federal Building 450 Golden Gate Avenue, Box 36055 6 San Francisco, CA 94102 Telephone: (415) 436-6888 (415) 436-7009 7 Fax: 8 Attorneys for the United States of America UNITED STATES DISTRICT COURT 9 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 ERG AEROSPACE CORPORATION, 13 14 15 Plaintiff, v. UNITED STATES OF AMERICA, 16 17 Defendant. UNITED STATES OF AMERICA, 18 19 20 21 22 23 24 Counterclaim-Plaintiff, v. ERG AEROSPACE CORPORATION, ENERGY RESEARCH & GENERATION, INC., individually, and d/b/a ERG MATERIALS & AEROSPACE CORP., Counterclaim-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 13-2973 VC STIPULATION AND [proposed] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 25 The parties, through their undersigned counsel, stipulate as follows: 26 1. There is a case management conference scheduled for April 14, 2015. The parties stipulate to 27 continue the case management conference until July 28, 2015, at 11 a.m. for two reasons. 28 1 1 2. First, defendant’s counsel was previously available on April 14, 2015, when this hearing was set. 2 However, the date of a hearing in an unrelated bankruptcy matter was advanced, which requires 3 defendant’s counsel’s attendance at a hearing in San Jose on April 14, 2015. 4 3. Second, the parties recently filed a stipulated judgment in this case resolving the amount of tax 5 owed by Energy Research & Generation, Inc. The parties are working on a stipulated injunction 6 and addressing the remaining issue in the respective complaints. 7 8 4. The parties expect to resolve the remaining issues in this case before the next status conference and request a continuance on that basis. 9 DATED: April 6, 2015 Respectfully submitted, 10 MELINDA HAAG United States Attorney 11 12 /s/ THOMAS M. NEWMAN Assistant United States Attorney Tax Division 13 14 15 16 _/s/__ JEFFREY SETNESS Attorney for Plaintiff 17 18 19 20 21 22 23 24 25 26 27 28 2 1 ORDER 2 3 PURSUANT TO THE PARTIES’ STIPULATION IT IS ORDERED that the case management 4 conference is continued to July 28, 2015. IT IS SO ORDERED. RT 11 R NIA THE HONORABLE VINCENT CHHABRIA United States District Judge ia Chhabr e Vi n c e Judg NO 10 April 8, 2015 DATED:______________ ER H 12 FO 9 ERED O ORD ________________________________ IT IS S LI 8 UNIT ED 7 S DISTRICT TE C TA RT U O S 6 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 A 5 N D IS T IC T R OF C

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