Morris v. USA

Filing 15

STIPULATION AND ORDER re 14 STIPULATION WITH PROPOSED ORDER Extending Time To Answer or Otherwise Respond filed by Donald E Morris, USA Answer due by 8/12/2016. Signed by Magistrate Judge Kandis A. Westmore on 6/28/16. (sisS, COURT STAFF) (Filed on 6/28/2016)

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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 13 Donald E. Morris, Plaintiff, 16 STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND AND [PROPOSED] ORDER v. 14 15 Case No. 4:16-cv-00476-KAW United States of America, 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 provided 26 its analysis of the case which the United States is evaluating. 27 Accordingly, the parties hereby stipulate that the United States shall have until August 12, 2016, 28 to answer or otherwise respond to Plaintiff’s Complaint. The requested extension is not being made for STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND AND [PROPOSED] ORDER Case No. 4:16-cv-00476-KAW 1 1 purposes of delay, but to allow for a review of the relevant administrative materials. The United States 2 has previously obtained an extension of its date to answer or otherwise respond to Plaintiff’s Complaint 3 on May 3, 2016 (Doc. # 11), and also on June 7, 2016 (Doc. # 13). 4 5 Respectfully submitted this 24th day of June, 2016, BRIAN J. STRETCH United States Attorney 6 7 s/ Michael G. Pitman MICHAEL G. PITMAN Assistant United States Attorney 8 9 Attorneys for United States of America 10 11 15 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 16 Attorney for Plaintiff Donald E. Morris 12 13 14 17 18 [PROPOSED] ORDER 19 Upon stipulation of the parties, and for good cause shown, it is hereby ORDERED that the 20 United States of America shall have until August 12, 2016, to answer or otherwise respond to Plaintiff’s 21 Complaint. 22 June 23 SO ORDERED THIS _____ DAY OF _________________, 2016. 28th 24 ________________________________ THE HONORABLE KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE 25 26 27 28 STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND AND [PROPOSED] ORDER Case No. 4:16-cv-00476-KAW 2

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