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

Filing 47

ORDER re 46 granting STIPULATION to continue Settlement Conference. Signed by Judge Claudia Wilken on 10/31/08. (scc, COURT STAFF) (Filed on 10/31/2008)

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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 CYNTHIA STIER (DCBN 423256) Assistant United States Attorney 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 AWS MANAGEMENT, LLC, by and through MARY CHANDLER PETTY, a Partner Other than the Tax Matters Partner, v. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) -1Case No. 05-1056 CW Consolidated with Case No. 05-1058 CW STIPULATION AND [PROPOSED] ORDER TO CONTINUE SETTLEMENT CONFERENCE

UNITED STATES OF AMERICA, by and through its Agent, the INTERNAL REVENUE SERVICE, Defendant.

Case No. 05-1056 CW Stipulation to Continue Settlement Conf.

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__________________________________ AWS ACQUISITIONS, LLC, by and through MARY CHANDLER PETTY, a Partner Other than the Tax Matters Partner,

) ) ) ) ) ) Plaintiff, ) v. ) ) UNITED STATES OF AMERICA, by and ) through its Agent, the INTERNAL ) REVENUE SERVICE, ) ) Defendant. ) __________________________________ ) This stipulation by and between the plaintiffs and the defendant is based on the following facts: RECITALS: 1. On September 2, 2008, the parties filed a Stipulation and [Proposed]

Order to Extend Discovery Schedule and Trial Date [Doc. #44], seeking extensions for completion of fact and expert discovery, filing of case-dispositive motions, pre-trial exchanges, pre-trial conference, and trial. 2. On September 10, 2008, the Court ordered the extensions pursuant to the

parties' stipulation. See Stipulation and Order to Extend Discovery Schedule and Trial Date [Doc. #45]. 3. The parties stipulation [Doc. #44] omitted a stipulation for extending a

settlement conference before a Magistrate Judge, which the Court's Case Management Order [Doc. #41] currently requires must be held by November 26, 2008. 4. The parties' efforts towards settlement are continuing and no breakdown

of communication or impasse has yet occurred. Accordingly, the parties believe there is no need for a settlement conference to be held by November 26, 2008. TERMS: The plaintiffs and the defendant agree: The current requirement that a settlement conference be held before a Magistrate Judge by November 26, 2008, set forth in Case Management Order [Doc. -2Case No. 05-1056 CW Stipulation to Continue Settlement Conf.

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#41], will be extended to require that such conference must be held before March 30, 2009. Respectfully Submitted, FOR THE PLAINTIFFS LGI LLP Bradley A. Patterson, Esq. Date: October 29, 2008 By s/Bradley A. Patterson Bradley A. Patterson Attorney for Plaintiffs

FOR THE UNITED STATES UNITED STATES ATTORNEY Joseph P. Russoniello , Esq. Thomas Moore, Esq. Cynthia Stier Robert J. Higgins, Esq. Bart D. Jeffress, Esq. Date: October 29, 2008 By s/Robert J. Higgins Robert J. Higgins Attorneys for Defendant

PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 10/31 Date: ___________________, 2008

_________________________________ The Honorable Claudia Wilken

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Case No. 05-1056 CW Stipulation to Continue Settlement Conf.