Morris v. USA
Filing
11
STIPULATION AND ORDER EXTENDING DEADLINE 9 . Signed by Magistrate Judge Kandis A. Westmore on 5/3/16. (sisS, COURT STAFF) (Filed on 5/3/2016)
1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2
THOMAS MOORE (ALBN 4305-O78T)
3 Chief, Tax Division, Tax Division
4 MICHAEL G. PITMAN (DCBN 484164)
Assistant United States Attorney
5 150 Almaden Boulevard, Suite 900
San Jose, CA 95113
6 Telephone: (408) 535-5040
Facsimile:
(408) 535-5081
7 michael.g.pitman@usdoj.gov
8 Attorneys for the United States of America
9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
OAKLAND DIVISION
12
Donald E. Morris,
13
Plaintiff,
14
Case No. 4:16-cv-00476-KAW
v.
15
United States of America,
16
STIPULATION EXTENDING TIME TO
ANSWER OR OTHERWISE RESPOND
AND [PROPOSED] ORDER
Defendant.
17
18
IT IS HEREBY STIPULATED by and between Defendant the United States of America
19 (“United States”), and Plaintiff Donald E. Morris (“Plaintiff”) by and through undersigned counsel and
20 pursuant to Fed. R. Civ. P. 16(b)(4) and Local Civil Rule 6-2, that good cause exists and the parties
21 request that the Court continue the date for the United States to answer or otherwise respond to
22 Plaintiff’s Complaint, and the United States states as follows in support:
23
Plaintiffs commenced the instant action on or about January 27, 2016. Upon learning of the
24 Complaint, the Department of Justice contacted the Internal Revenue Service’s Office of Chief Counsel
25 and requested the administrative file associated with this case. The Office of Chief Counsel has yet to
26 provide a copy of the administrative file to the Department of Justice. Without the administrative file,
27 counsel for the United States is unable to prepare an adequate response to the Complaint.
28
STIPULATION EXTENDING TIME TO ANSWER OR
OTHERWISE RESPOND AND [PROPOSED] ORDER
Case No. 4:16-cv-00476-KAW
1
1
Accordingly, the parties hereby stipulate that the United States shall have until May 31, 2016, to
2 answer or otherwise respond to Plaintiff’s Complaint. The requested extension is not being made for
3 purposes of delay, but to allow for a review of the relevant administrative materials. No party has
4 obtained any previous extensions in this matter.
5
6 Respectfully submitted this 27th day of April, 2016,
BRIAN J. STRETCH
United States Attorney
7
8
s/ Michael G. Pitman
MICHAEL G. PITMAN
Assistant United States Attorney
9
10
Attorneys for United States of America
11
12
16
s/ Edward I. Kaplan
EDWARD I. KAPLAN
Greene Radovsky Maloney Share Hennigh LLP
4 Embarcadero Center, Suite 4000
San Francisco, CA 94111
415-248-1525
Fax: 415-777-4961
Email: ekaplan@greeneradovsky.com
17
Attorneys for Plaintiff Donald E. Morris
13
14
15
18
19
[PROPOSED] ORDER
20
Upon stipulation of the parties, and for good cause shown, it is hereby ORDERED that the
21 United States of America shall have until May 31, 2016, to answer or otherwise respond to Plaintiff’s
22 Complaint.
23
24
3rd
May
SO ORDERED this _____ day of _________________, 2016.
25
________________________________
THE HONORABLE KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE
26
27
28
STIPULATION EXTENDING TIME TO ANSWER OR
OTHERWISE RESPOND AND [PROPOSED] ORDER
Case No. 4:16-cv-00476-KAW
2
CERTIFICATE OF SERVICE
1
2
It is hereby certified that service of the foregoing STIPULATION EXTENDING TIME TO
3 ANSWER OR OTHERWISE RESPOND AND [PROPOSED] ORDER has been made this 27th day of
4 April, 2016, by way of the Court’s ECF system to the following:
5
6
7
8
EDWARD I KAPLAN
Greene Radovsky Maloney Share Hennigh LLP
4 Embarcadero Center, Suite 4000
San Francisco, CA 94111
415-248-1525
Fax: 415-777-4961
Email: ekaplan@greeneradovsky.com
9
s/ Michael G. Pitman
MICHAEL G. PITMAN
Assistant United States Attorney
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CERTIFICATE OF SERVICE
Case No. 4:16-cv-00476-KAW
1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?