Chandler v. The United States

Filing 41

ORDER GRANTING CONTINUANCE OF COMPLIANCE HEARING BASED ON PARTIES JOINT STATEMENT re 40 Statement, filed by Jo Anne M. Chandler, The United States. Compliance Hearing set for 1/24/2014 is CONTINUED to Friday, 2/21/2014 09:01 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 1/21/2014. (fs, COURT STAFF) (Filed on 1/21/2014)

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MELINDA HAAG (CABN 132612)
United States Attorney
THOMAS MOORE (ALBN 4305-O78T)
Chief, Tax Division
MICHAEL G. PITMAN (DCBN 484164)
Assistant United States Attorney, Tax Division
450 Golden Gate Ave., Box 36055
San Francisco, CA 94102
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]

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Attorneys for the United States of America

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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Jo Anne M. Chandler,

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Plaintiff,

Civil No. 4:12-cv-1795-YGR

v.

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United States of America,

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ORDER GRANTING CONTINUANCE OF
COMPLIANCE HEARING BASED UPON
PARTIES' JOINT STATEMENT

Defendant.

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Defendant the United States of America (“United States”), and Plaintiff Jo Anne M.
Chandler (“Plaintiff”), by and through undersigned counsel, hereby provide the following Joint
Statement in response to the Court’s Order dated January 9, 2014 (Doc. # 39):
On September 13, 2013, the parties participated in a Settlement Conference before the
Honorable Jacqueline Scott Corley at which the parties reached an agreement regarding the
disposition of this case. Specifically, it was agreed that Plaintiff would dismiss her claims in this
matter with prejudice in exchange for a series of payments from the Internal Revenue Service.
To date, the Internal Revenue Service has made only one of the three payments contemplated by

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JOINT STATEMENT AND
[PROPOSED ORDER]
CIVIL NO. 4:12-CV-1795-YGR

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the parties’ agreement. The United States represents that the Internal Revenue Service is

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working on processing the remaining payments and is hopeful that they will be released soon.

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Plaintiff prefers not to dismiss this action before all payments are received. Accordingly, the

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parties respectfully request that the Court set a further compliance hearing on Friday, February

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21, 2014 at 9:01 a.m., and further order that, five (5) business days prior to the date of the

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compliance hearing, the parties shall file either (a) a Stipulation of Dismissal; or (b) a one-page

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JOINT STATEMENT setting forth an explanation regarding the failure to comply.

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Respectfully submitted this 16th day of January, 2014,
MELINDA HAAG
United States Attorney
s/ Jenna Musselman Yott
JENNA MUSSELMAN YOTT
Gibson Dunn and Crutcher
555 Mission Street, Suite 3000
San Francisco, CA 94105
415-393-8369
[e-mail]

s/ Michael G. Pitman
MICHAEL G. PITMAN
Assistant United States Attorney, Tax Division
Attorneys for the United States of America

Attorneys for Plaintiff

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[PROPOSED] ORDER

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Pursuant to the Joint Statement of Defendant the United States of America (“United

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States”), and Plaintiff Jo Anne M. Chandler (“Plaintiff”), it is hereby Ordered that:

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(1) The compliance hearing set for this matter on Friday, January 24, 2014, on the
CONTINUED
Court’s 9:01 a.m. Calendar, is vacated;

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THE CONTINUED
(2) compliance hearing shall be held on Friday, February 21, 2014, on the Court’s 9:01
a.m. Calendar; and
(3) Five (5) business days prior to the date of the compliance hearing, the parties shall file
either (a) a Stipulation of Dismissal; or (b) a one-page JOINT STATEMENT setting forth an
JOINT STATEMENT AND
[PROPOSED ORDER]
CIVIL NO. 4:12-CV-1795-YGR

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explanation regarding the failure to comply. If compliance is complete, the parties need not

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appear and the compliance hearing will be taken off calendar.

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Telephonic appearances will be allowed if the parties have submitted a joint statement in
a timely fashion. Failure to do so may result in sanctions.

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21ST
JANUARY
SO ORDERED this _____ day of ___________, 2014.

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___________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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JOINT STATEMENT AND
[PROPOSED ORDER]
CIVIL NO. 4:12-CV-1795-YGR

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