In re: Dean Gordon Potter

Filing 59

ORDER by Judge Claudia Wilken Granting 58 Stipulation re Schedule (ndr, COURT STAFF) (Filed on 3/21/2013)

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KATHRYN KENEALLY
Assistant Attorney General

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G. PATRICK JENNINGS
ADAIR F. BOROUGHS
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044-0683
Telephone: [phone]
E-mail:
[e-mail]
[e-mail]

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THOMAS M. ROHALL (Wash. St. Bar No. 12201)
Special Trial Counsel, Tax Division
U.S. Department of Justice
Tel No. [phone]

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Attorneys for United States of America

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MELINDA HAAG (Cal Bar. 132612)
United States Attorney
THOMAS MOORE (ASB 4305-078T)
Assistant U.S. Attorney
Chief, Tax Division
Of Counsel

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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IN RE: DEAN GORDON POTTER,

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Civil No. C-07-4826-CW
Lead Case

Debtor.

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UNICO SERVICES INC.,
Plaintiff,

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v.

D.C. Civil No. C-08-00800-CW
Consolidated Case
SCHEDULING ORDER

THE UNITED STATES OF AMERICA,
Defendant.

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The Court held a status conference by telephone on March 13, 2013. G. Patrick

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Jennings and Adair Boroughs participated for the United States and James T. Cois participated

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for Dean Potter.

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IT IS HEREBY ORDERED THAT

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1.

Bankruptcy Court.

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On or before March 15, 2013, Potter will file a motion to deposit funds with the

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The United States will file a motion for distribution of funds from the Bankruptcy Court, to

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be noticed under Local Rule 9014, to be heard on April 18th or as soon thereafter as the

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Bankruptcy Court will allow.

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3.

On or before March 29, 2013, Potter (1) will provide an accounting of all offshore funds

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to the United States; (2) repatriate all offshore funds or file a report with the Court

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describing all offshore funds and all efforts to repatriate them; and (3) Potter and Unico

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will deposit the full payment of tax, penalties, and interest due on the OEL issues with

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the Bankruptcy Court or explain why they cannot fully perform and further estimate the

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date of their full compliance.

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4.

non-OEL issues that it believes Potter has failed to adequately substantiate.

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5.

On or before April 12, 2013, the United States will submit a calculation of tax
consequences of the accounting provided above in paragraph 3.

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On or before April 5, 2013, the United States will lodge with Judge Carlson a list of all

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On or before April 26, 2013, Potter will lodge with Judge Carlson his factual

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substantiation of all non-OEL issues, including declarations and any documentary

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evidence supporting his positions.

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7.

On or before May 10, 2013, the United States will lodge a reply to Potter’s

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substantiation, explaining why it believes the substantiation submitted by Potter is

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inadequate;

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8.

The Court will hold an evidentiary hearing on the disputed non-OEL issues on the first
available hearing date convenient to Judge Carlson in Courtroom __ located at 235 Pine

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Street, 19th Floor, San Francisco, California 94104. The parties will not be allowed to

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introduce evidence at this hearing not previously lodged with the Court under

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Paragraphs 6 and 7.

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9.

The parties will appear for a further case management conference on June 5, 2013, at 2
pm. A joint status report will be due one week before the conference.

IT IS SO ORDERED.

The Court's minute order continues to apply.

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Dated: 3/21/2013

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______________________________
Claudia Wilken
United States District Judge

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Jointly Submitted:

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/s/ G. Patrick Jennings
G. PATRICK JENNINGS
Trial Attorney, Tax Division

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/s/ Thomas M. Rohall
THOMAS M. ROHALL
Special Trial Counsel,
United States Department of Justice
/s/ James T. Cois
JAMES T. COIS
Attorney for Dean Gordon Potter
/s/ Anthony Gasaway
ANTHONY GASAW AY
Attorney for Potter, Unico

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