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

Filing 69

ORDER re 67 Granting Stipulation to extend discovery schedule, settlement conference, and trial deadlines. Further Case Management Conference set for 8/11/2011 02:00 PM. Motion Hearing set for 8/11/2011 02:00 PM. Signed by Judge Claudia Wilken on 10/6/2010. (ndr, COURT STAFF) (Filed on 10/6/2010)

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

Doc. 69

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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

) ) ) ) ) ) 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

SEVENTH STIPULATION AND ORDER TO EXTEND DISCOVERY SCHEDULE, SETTLEMENT CONFERENCE, AND TRIAL DATE

STIPULATION TO EXTEND DISCOVERY & TRIAL DATES

Dockets.Justia.com

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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 is entered into by and between the plaintiffs and the defendant and is based on the following facts: 1. Plaintiffs submitted their first written settlement offer to defendant offering

to settle all issues in this action on August 2, 2006. The Department of Justice, in concert with the Internal Revenue Service, evaluated that settlement offer under its normal procedures. A revised offer was submitted on May 19, 2010. Since that time, plaintiff and defendant have continued to work on the offer, and plaintiff intends to submit another revised offer in early October. 2. On May 21, 2010, the parties filed a stipulation (Document 64): (i) notifying

this Court that the parties were continuing to work towards settlement; and (ii) requesting that this Court continue discovery and trial deadlines to allow the parties to work towards finalizing a settlement without simultaneously preparing for trial. 3. On May 27, 2010, this Court issued an order (Document 65) approving

the stipulation to continue discovery and trial deadlines, and set the following revised calendar in this action: Completion of Fact Discovery: on or before October 15, 2010 Mandatory Settlement Conference no later than: November 19, 2010 Completion of Expert Discovery: on or before February 18, 2011 Case-dispositive motions and a further case management conference: 2:00 P.M. on April 14, 2001
STIPULATION TO EXTEND DISCOVERY & TRIAL DATES

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The pre-trial exchange between the parties: pursuant to Court's Order for Pretrial Preparation A pre-trial conference on: November 1, 2011, at 2:00 P.M. A four-day Court Trial beginning at 8:30 A.M. on: November 14, 2011 4. On June 10, 2010, the parties filed a stipulation (Document 66), notifying

the Court that the settlement conference scheduled for July 9, 2010, had been rescheduled for October 19, 2010. 5. Since the last stipulation, defendant sought and obtained the IRS' views

on plaintiffs' revised offer, and the parties continued to discuss the terms of the revised offer, including discussions regarding plaintiffs' computations of tax liability. As a result of the continued negotiations, plaintiffs are now preparing to submit another revised offer. Plaintiffs anticipate that this offer will be submitted on or before October 1, 2010. 6. The parties continue to believe that settlement is likely and are working

diligently towards a final action by the Department of Justice on plaintiffs' efforts to settle all issues in this case. Settlement efforts are continuing and there has been no breakdown of communications and no impasse has arisen. 7. The parties appreciate the Court's patience as the parties work to finalize

the settlement. The parties believe that requiring the parties to prepare for settlement conferences or trial would be counterproductive to reaching a settlement in this action.

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STIPULATION TO EXTEND DISCOVERY & TRIAL DATES

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8.

Based on the facts presented, the plaintiffs and the defendant request an

extension of an additional four months for each of the existing deadlines. Respectfully Submitted, FOR THE PLAINTIFFS LGI LLP Bradley A. Patterson, Esq. Date: September 27, 2010 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, Esq. Robert J. Higgins, Esq. Bart D. Jeffress, Esq. Date: September 27, 2010 By s/Robert J. Higgins Robert J. Higgins Attorneys for Defendant

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STIPULATION TO EXTEND DISCOVERY & TRIAL DATES

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ORDER Based on the facts and stipulation set forth above, IT IS ORDERED: 1. 2. Fact Discovery shall be completed on or before: February 15, 2011; A Mandatory Settlement Conference shall be conducted before Magistrate

Judge Maria-Elena James no later than October 19, 2010, at the convenience of Magistrate James' calendar; 3. 4. Expert Discovery shall be completed on or before: June 20, 2011; All case-dispositive motions and a further case management conference

shall be heard at 2:00 P.M. on August 11, 2011; 5. The pre-trial exchange between the parties shall occur in accordance with

the Court's Order for Pretrial Preparation. 6. A pre-trial conference will be held on: November 1, 2011, at 2:00 P.M.;

A four-day Court Trial will begin at 8:30 A.M. on: November 14, 2011.

The Honorable Claudia Wilken United States District Court Judge

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STIPULATION TO EXTEND DISCOVERY & TRIAL DATES