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
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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: [phone]
Facsimile:
[phone]
7 [e-mail]
8 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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Donald E. Morris,

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Plaintiff,

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Case No. 4:16-cv-00476-KAW

v.

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United States of America,

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STIPULATION EXTENDING TIME TO
ANSWER OR OTHERWISE RESPOND
AND [PROPOSED] ORDER

Defendant.

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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:
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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.
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STIPULATION EXTENDING TIME TO ANSWER OR
OTHERWISE RESPOND AND [PROPOSED] ORDER
Case No. 4:16-cv-00476-KAW

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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.
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6 Respectfully submitted this 27th day of April, 2016,
BRIAN J. STRETCH
United States Attorney

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s/ Michael G. Pitman
MICHAEL G. PITMAN
Assistant United States Attorney

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Attorneys for United States of America
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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: [phone]
Email: [e-mail]

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Attorneys for Plaintiff Donald E. Morris

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[PROPOSED] ORDER

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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.
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3rd
May
SO ORDERED this _____ day of _________________, 2016.

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________________________________
THE HONORABLE KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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STIPULATION EXTENDING TIME TO ANSWER OR
OTHERWISE RESPOND AND [PROPOSED] ORDER
Case No. 4:16-cv-00476-KAW

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CERTIFICATE OF SERVICE

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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:
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EDWARD I KAPLAN
Greene Radovsky Maloney Share Hennigh LLP
4 Embarcadero Center, Suite 4000
San Francisco, CA 94111
415-248-1525
Fax: [phone]
Email: [e-mail]

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s/ Michael G. Pitman
MICHAEL G. PITMAN
Assistant United States Attorney

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CERTIFICATE OF SERVICE
Case No. 4:16-cv-00476-KAW

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