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

Filing 50

ORDER re 49 granting STIPULATION (Second) to Extend Discovery Schedule and Trial Date. Bench Trial set for 5/10/2010 08:30 AM. Further Case Management Conference set for 12/17/2009 02:00 PM. Motion Hearing set for 12/17/2009 02:00 PM. Pretrial Conference set for 4/20/2010 02:00 PM.. Signed by Judge Claudia Wilken on 2/4/09. (scc, COURT STAFF) (Filed on 2/4/2009)

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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 SECOND STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY SCHEDULE AND TRIAL DATE

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

Case No. 05-1056 CW Second Stipulation to Extend Discovery & Trial Dates

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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 between the plaintiffs and the defendant is based on the following facts: RECITALS: 1. On September 2, 2008, the parties filed a stipulation (Document 44)

(i) notifying this Court that, after the Court denied the parties' motion to continue in April 2008, the parties had continued to work towards settlement and defendant had conducted paper discovery and (ii) requesting that this Court continue discovery and trial deadlines, to avoid the substantial expenditure of resources and effort attendant to defendant's intended course of discovery and to allow time for the Department of Justice to complete its evaluation of plaintiffs' offer and to finalize any settlement. 2. On September 10, 2008, this Court issued an order (Document 45)

approving the stipulation to continue discovery and trial deadlines, and set the following revised calendar in this action: 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

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Case No. 05-1056 CW Second Stipulation to Extend Discovery & Trial Dates

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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 3. On October 31, 2008, after the parties filed a stipulation requesting the

Court continue a settlement conference before a Magistrate Judge (Document 46), this Court issued an order (Document 47) approving the stipulation and ordering that a settlement conference be held before a Magistrate Judge before March 30, 2009. 4. Both parties continue to believe that settlement is a real possibility and

continue to work diligently towards a final action by the Department of Justice on plaintiffs' offer to settle all issues in this case. Settlement efforts are continuing and no breakdown of communication or impasse has yet occurred. 5. The parties appreciate the Court's patience as the parties work to finalize

the settlement and request an extension of an additional four months for fact discovery and corresponding extensions. TERMS: Based on these facts, the plaintiffs and the defendant agree to the following schedule: Completion of Fact Discovery: June 15, 2009

Settlement Conference before a Magistrate Judge on or before: July 17, 2009 Completion of Expert Discovery: October 16, 2009 All case-dispositive motions to be heard at 2:00 P.M. on or before: December 17, 2009 The pre-trial exchange between the parties will occur by: March 17, 2010 A pre-trial conference will be held on: April 20, 2010 A four-day Court Trial will begin at 8:30 A.M. on: May 10, 2010

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Case No. 05-1056 CW Second 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: February 2, 2009 FOR THE UNITED STATES Date: February 2, 2009 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, Esq. 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. 2/4 Date: ___________________, 2009

_________________________________ The Honorable Claudia Wilken

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Case No. 05-1056 CW Second Stipulation to Extend Discovery & Trial Dates