United States of America v. Cathcart et al

Filing 123

STIPULATION AND ORDER MODIFYING CASE MANAGEMENT AND PRETRIAL ORDER re 122 Stipulation filed by United States of America. Disclosure of Experts due by 4/20/2009. Non-Expert Discovery due by 5/20/2009. Expert Discovery due by 7/20/2009. Dispositive Motions to be heard by 6/24/2009. Pretrial Conference set for 9/24/2009 02:30 PM. Court Trial set for 10/19/2009 08:30 AM. Signed by Judge Phyllis J. Hamilton on 10/3/08. (nah, COURT STAFF) (Filed on 10/3/2008)

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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 JOSEPH P. RUSSONIELLO United States Attorney THOMAS MOORE (ASBN 4305-O78T Assistant United States Attorney Chief, Tax Division 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6935 HUONG T. BAILIE (NYBN 4035739) 300 E. 8th Street, Suite 601 Austin, TX 78701 Telephone: (512) 499-5759 ALLYSON B. BAKER (DCBN 478073) Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 7238 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 202-353-8031 Facsimile: (202) 514-6770 Email: allyson.b.baker@usdoj.gov IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES Plaintiff, v. CHARLES CATHCART et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) Civil No. 07-4762-PJH STIPULATION AND ORDER MODIFIYING CASE MANAGEMENT AND PRETRIAL ORDER Plaintiff UNITED STATES OF AMERICA, and Defendants CHARLES CARTCART, SCOTT CATHCART, YURIJ DEBEVC (aka YURI DEBEVC), and ROBERT NAGY, (collectively, the "Parties") hereby stipulate and agree that the following Order should be entered in this case. 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 The above named Parties also have consulted with Edward Ord, counsel for OPTECH LIMITED, and CHI-HSIU HSIN (aka CHARLES HSIN). Despite the passage of three weeks since the Court ordered the Parties to submit a Stipulation and proposed Order concerning the new discovery dates, and as further set forth in the attached Declaration of Nathan E. Clukey, neither Mr. Ord nor his clients have consented to the discovery dates proposed herein. I. RECITALS By way of a Case Management and Pretrial Order, dated January 4, 2008, this Court set the following deadlines and trial date: (a) expert disclosure date of August 20, 2008; (b) non-expert discovery cut-off of September 3, 2008; (c) expert discovery cut-off of October 1, 2008; and (d) deadline to hear dispositive motions of November 19, 2008; and (e) trial date of March 23, 2009. On September 4, 2008, Defendants Optech Limited and Chi-Hsiu Hsin filed an Administrative Motion to Continue the Trial Date and All Associated Deadlines, which sought a continuance of the trial date and related pre-trial deadlines. On September 5, 2008, Defendant Robert J. Nagy also filed an Administrative Motion to Continue the Trial Date and All Associated Deadlines, which sought a continuance of the trial date and related pre-trial deadlines. On September 10, 2008, at a hearing on other motions pending before the Court, the Court addressed the two administrative motions before it and ordered as follows: that the trial date shall be continued to October 19, 2009; that the last day for hearing of any dispositive motion shall be continued to June 24, 2009; that the pre-trial conference shall be continued to September 24, 2009; and that the parties shall meet and confer to reach a stipulation regarding other pre-trial deadlines and then file a stipulation reflecting the -2- 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 agreed upon pre-trial deadlines and the dates ordered by the court. II. STIPULATION The parties hereby stipulate to the following: Expert disclosures shall take place on or before April 20, 2009. Non-expert discovery shall be completed on or before May 20, 2009. Expert discovery shall be completed on or before July 20, 2009. IT IS SO STIPULATED THROUGH COUNSEL OF RECORD. DATED: September 11, 2008 THE UNITED STATES By: /S/ Nathan E. Clukey NATHAN E. CLUKEY Trial Attorney, Tax Division Attorney for Plaintiff UNITED STATES OF AMERICA DATED: September 10, 2008 By: JENKINS GOODMAN NEUMAN & HAMILTON LLP /S/ Farley J. Neuman FARLEY J. NEUMAN Attorney for Defendant ROBERT J. NAGY -3- 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 DATED: September 26, 2008 CAPLIN & DRYSDALE /S/ Matthew C. Hicks DANIEL B. ROSENBAUM, pro hac vice MATTHEW C. HICKS, pro hac vice Attorneys for Defendant SCOTT CATHCART DATED: September 10, 2008 BARTSCH & WEBB /S/ Eric L. Webb ERIC L. WEBB Attorney for Defendant CHARLES CATHCART DATED: October 1, 2008. Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /S/ Nathan E. Clukey NATHAN E. CLUKEY Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 7238 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 616-9067 Facsimile: (202) 514-6770 Email: Nathan.E.Clukey@usdoj.gov -4- 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 -510/3/08 DATED: __________________ III. ORDER Good cause appearing, the Court hereby adopts the stipulation of the parties and hereby modifies its Case Management and Pretrial Order, dated January 4, 2008, as follows: Expert disclosures shall take place on or before April 20, 2009. Non-expert discovery shall be completed on or before May 20, 2009. The last day for hearing of any dispositive motion shall be June 24, 2009; Expert discovery shall be completed on or before July 20, 2009. Pre-trial Conference shall take place on September 24, 2009 at 2:30 p.m.; and Trial shall commence October 19, 2009 at 8:30 a.m. IT IS SO ORDERED. ER N F D IS T IC T O R A C LI FO D RED __________________R__E___________ SO O_ _ IT IS HONORABLE PHYLLIS J. HAMILTON United States District Court, Northern District of Californiallis J. Hamilton hy Judge P UNIT ED S S DISTRICT TE C TA R NIA RT U O NO RT H

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