Morris v. USA

Filing 17

STIPULATION AND ORDER AS MODIFIED re 16 STIPULATION WITH PROPOSED ORDER Extending Time To Answer or Otherwise Respond filed by USA Answer due by 10/17/2016. Signed by Magistrate Judge Kandis A. Westmore on 8/8/16. (sisS, COURT STAFF) (Filed on 8/8/2016)

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: [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,
Plaintiff,

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

v.

14
15

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

United States of America,
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:
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
26 provided its analysis of the case which the United States is evaluating. The parties are working towards
27 a negotiated resolution to this matter.
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Accordingly, the parties hereby stipulate that the United States shall have until October 17, 2016,
STIPULATION EXTENDING TIME TO ANSWER OR
OTHERWISE RESPOND AND [PROPOSED] ORDER
Case No. 4:16-cv-00476-KAW

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1 to answer or otherwise respond to Plaintiff’s Complaint. The requested extension is not being made for
2 purposes of delay, but to allow for a review of the relevant administrative materials. The United States
3 has previously obtained an extension of its date to answer or otherwise respond to Plaintiff’s Complaint
4 on May 3, 2016 (Doc. # 11), June 7, 2016 (Doc. # 13), and June 28, 2016 (Doc. 15).
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6 Respectfully submitted this 5th day of August, 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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12

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s/ Edward 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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Attorney for Plaintiff Donald E. Morris

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15

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19

[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 October 17, 2016, to answer or otherwise respond to Plaintiff’s
22 Complaint.
23
8th
August
24 SO ORDERED THIS _____ DAY OF _________________, 2016.

25
________________________________
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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