Les Fields/C.C.H.I. Insurance Services v. United States of America

Filing 38

ORDER STAYING CASE Status Report due by 4/25/2016.. Signed by Judge Alsup on 1/25/16. (whalc1, COURT STAFF) (Filed on 1/25/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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LES FIELDS/C.C.H.I. INSURANCE
SERVICES,

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Plaintiff,

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No. C 15-02411 WHA

v.
ORDER STAYING CASE
UNITED STATES OF AMERICA,
Defendant.
/

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In this action for a tax refund, an order denied plaintiff’s motion of joinder, leave to

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amend, and injunctive relief (Dkt. No. 34). Both sides were further ordered to show cause why

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a stay should not issue pending the outcome of the trial in an earlier-filed Tax Court case, which

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involves the same plaintiff and the common legal question of whether plaintiff’s principal,

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Leslie Fields, was properly classified as an independent contractor rather than as an employee

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for tax purposes.

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The United States stated that it believes a stay is warranted (Dkt. No. 36). Plaintiff

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admits that the independent contractor/employee question, common to this case and the case

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before the Tax Court, is the “crux” of both actions. It contends a stay is not warranted because

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both this Court and the Tax Court have proper jurisdiction over the issue (Dkt. No. 37).

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Plaintiff’s argument is unpersuasive. (If anything, it indicates that a stay is warranted.)

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This order hereby STAYS this case, pending the resolution of Les Fields/C.C.H.I.

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Insurance Services v. Commissioner of Internal Revenue, No. 31090-14 (T.C.). The parties

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shall submit a joint status report by the earlier of: (1) FIVE CALENDAR DAYS following a

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dispositive ruling in the Tax Court, or (2) APRIL 25, 2016.

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IT IS SO ORDERED.

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Dated: January 25, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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