Wang et al v. United States of America et al

Filing 25

Order by Hon. Vince Chhabria granting 23 Stipulation Continuing the Case Management Conference to September 23, 2014.(knm, COURT STAFF) (Filed on 8/20/2014)

1 MELINDA HAAG (CABN 132612)
United States Attorney
2 THOMAS MOORE (ALBN 4305-O78T)
Assistant United States Attorney
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Chief, Tax Division
4 THOMAS M. NEWMAN (NYBN 4256178)
Assistant United States Attorney
5 11th Floor Federal Building
450 Golden Gate Avenue, Box 36055
6 San Francisco, California 94102
Telephone: [phone]
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Fax:
[phone]
8 Email: [e-mail]
9 Attorneys for the United States of America
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION

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14 KONG WANG and FANNY WONG,
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Plaintiffs,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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__________________________________________)

Case No. C-14-00690-VC

STIPULATION TO CONTINUE
AND ORDER

It is hereby stipulated by and between plaintiffs and defendant United States of America, through

21 their respective counsel, that:
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1.

A case management conference is currently scheduled in this case on August 26, 2014.

23 The August 26, 2014 case management conference was set after the parties requested a continued
24 conference in order to allow an IRS Revenue Agent to evaluate this case.
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2.

The IRS Revenue Agent completed a review of this case and one issue requires

26 resolution. In their complaint, Plaintiffs alleged that with regard to 2001 the “IRS failed to apply a
27 payment of $82,880.69 from Ms. Wong’s 2001 substituted return to the Plaintiffs’ joint account.” (Dkt.
28 No. 1 at p. 2 ¶ 11). The IRS transcripts related to the 2001 tax year list an $82,880.69 payment for that
Stip To Continue Case Management Conf.
Proposed Order
C-14-00690-VC

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1 year. However, the IRS transcripts show that the payment was removed. For that reason, the
2 government has asked for information related to that $82,880.69 amount from the IRS. Plaintiffs are
3 seeking evidence to clarify what form that payment took and provide it to the defendant.
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3.

The parties agree that another continuance until September 23, 2014, is appropriate

5 before dates are set in this case. This continuance will permit the parties to exchange information
6 related to the $82,880.69 amount list during the 2001 year, and discuss resolution of the other years in
this case. This will narrow the issue in the case so that any discovery, motions and trial is focused on
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facts in dispute after this final conference.
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Respectfully submitted,

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MELINDA HAAG
United States Attorney

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12 __________/s/____________________
FRAMTA SAECHAO
13 Attorney for Plaintiffs

_______/s/_____________________
THOMAS NEWMAN
Assistant United States Attorney
Tax Division

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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____________________________
VINCENT CHHABRIA
United States District Judge

Date: August 20, 2014

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Stip To Continue Case Management Conf.
Proposed Order
C-14-00690-VC

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