AWS Management, LLC et al v. United States of America et al

Filing 45

ORDER re 44 granting STIPULATION TO EXTEND DISCOVERY SCHEDULE AND TRIAL DATE. Bench Trial set for 10/26/2009 08:30 AM. Further Case Management Conference set for 7/30/2009 02:00 PM. Motion Hearing set for 7/30/2009 02:00 PM. Pretrial Conference set for 10/6/2009 02:00 PM.. Signed by Judge Claudia Wilken on 9/10/08. (scc, COURT STAFF) (Filed on 9/10/2008)

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LGI LLP BRADLEY A. PATTERSON, Esq. (State Bar No. 155482) 18101 Von Karman Ave., Ste. 330 Irvine CA 92612 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiffs JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney THOMAS MOORE (ASBN 4305-T780) Assistant United States Attorney Chief, Tax Division 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Facsimile: [phone] ROBERT J. HIGGINS (DCBN 242966) Trial Attorney, U.S. Department of Justice BART D. JEFFRESS (CT Juris No. 419184) Trial Attorney, U.S. Department of Justice 555 4th St., N.W., Room 8816 Washington, D.C. 20001 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

) ) ) ) ) ) Plaintiff, ) v. ) UNITED STATES OF AMERICA, by and ) ) through its Agent, the INTERNAL ) REVENUE SERVICE, ) ) Defendant. ) ) ) __________________________________ ) AWS MANAGEMENT, LLC, by and through MARY CHANDLER PETTY, a Partner Other than the Tax Matters Partner,

Case No. 05-1056 CW Consolidated with Case No. 05-1058 CW

STIPULATION AND ORDER TO EXTEND DISCOVERY SCHEDULE AND TRIAL DATE

Stipulation to Extend Discovery & Trial Dates

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) ) ) ) ) ) Plaintiff, ) v. ) UNITED STATES OF AMERICA, by and ) ) through its Agent, the INTERNAL ) REVENUE SERVICE, ) ) Defendant. __________________________________ ) AWS ACQUISITIONS, LLC, by and through MARY CHANDLER PETTY, a Partner Other than the Tax Matters Partner, This stipulation by and between the plaintiffs and the defendant is based on the following facts: RECITALS: 1. On April 9, 2008, the Court denied the parties' joint motion to continue,

and thereafter, on April 18, 2008, entered a case management order. Under the order, fact discovery concludes on October 15, 2008, expert discovery concludes on January 30, 2009, dispositive motions are to be heard by March 26, 2009, and trial is scheduled for June 29, 2009. 2. After the Court denied the parties' motion to continue, discovery

commenced and simultaneously plaintiffs and defendant continued to work towards settlement. Defendant served a document discovery request on plaintiffs. Plaintiffs responded, and defendant has written to plaintiffs regarding deficiencies defendant perceives in plaintiffs' response. Defendant served a subpoena for documents on a third party, to which a response was made in mid-August 2008. Defendant also obtained documents from KPMG. In addition, the parties have continued efforts toward settlement. Plaintiffs have now filed with the IRS all the returns necessary for the Department of Justice to complete its evaluation of plaintiffs' offer to settle all issues in this case. 3. Because the deadline for completing fact discovery is less than two

months away, defendant now intends to pursue extensive and costly discovery,
Stipulation to Extend Discovery & Trial Dates

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including moving to compel with respect to its first request for documents, and to take multiple depositions of plaintiffs and third parties. 4. Both parties desire to avoid the substantial expenditure of resources and

effort attendant to defendant's intended course of discovery, because both believe settlement is a real possibility and wish to devote their resources towards that end. 5. In order to provide sufficient time for the Department of Justice to

complete its evaluation of plaintiffs' offer and to finalize any settlement, the plaintiffs and defendant have agreed that it would be in the best interests of the parties and this Court to continue the schedule currently set forth in the case management order for approximately four months. TERMS: The plaintiffs and the defendant agree: The current schedule for the conduct of this case, set forth in Case Management Order [Doc. #17], will be extended as follows: Completion of Fact Discovery: February 15, 2009 Completion of Expert Discovery: May 30, 2009 All case-dispositive motions to be heard at 2:00 P.M. on or before: July 30, 2009 The pre-trial exchange between the parties will occur by: September 6, 2009 A pre-trial conference will be held on: October 6, 2009 A four-day Court Trial will begin at 8:30 A.M. on: October 26, 2009 /// ///

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Stipulation to Extend Discovery & Trial Dates

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: August 20, 2008 FOR THE UNITED STATES Date: August 19, 2008 FOR THE PLAINTIFFS

Respectfully Submitted,

LGI LLP Bradley A. Patterson, Esq. By s/Bradley A. Patterson Bradley A. Patterson Attorney for Plaintiffs

UNITED STATES ATTORNEY Joseph P. Russoniello , Esq. Thomas Moore, Esq. Cynthia Stier Robert J. Higgins, Esq. Bart D. Jeffress, Esq. By s/Robert J. Higgins Robert J. Higgins Attorneys for Defendant

PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 9/10 Date: ___________________, 2008

The Honorable Claudia Wilken United States District Court Judge

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Stipulation to Extend Discovery & Trial Dates