Santa Clara Valley Housing Group, Inc. et al v. United States of America

Filing 30

STIPULATION AND ORDER Granting Second Stipulation to Extend the Discovery Period and Other Pretrial Date re 29 Stipulation. Close of All Discovery due by 11/1/2010. Last Date for Hearing Dispositive Motions due by 1/31/2011. Preliminary Pretrial Conference state due 7/23/2010. Preliminary Pretrial Conference set for 8/2/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 5/10/2010. (ecg, COURT STAFF) (Filed on 5/10/2010)

DERED 9 CHARLES P. RETTIG, State Bar No. 97848 SO OR ED IT IS STEVEN TOSCHER, State Bar No. 91115 DIFI AS MO 10 AVRAM SALKIN, State Bar No. 30412 EDWARD M. ROBBINS, JR., State Bar No. 82696 re mes Wa 11 SHARYN M. FISK, State Bar No. 199898 Judge Ja Hochman Salkin Rettig Toscher & Perez, P.C. 12 9150 Wilshire Boulevard, Suite 300 ER C Beverly Hills, CA 90212 N F 13 Phone: [phone] D I S T I C T O 5/10/2010 R Fax: [phone] E-Mail: [e-mail] UNITED STATES DISTRICT COURT 15 FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 SANTA CLARA VALLEY HOUSING ) Case No. 08-cv-05097-JW 17 GROUP, INC. and KRISTEN M. ) BOWES, ) SECOND STIPULATION AND 18 Plaintiffs, ) [PROPOSED] ORDER TO EXTEND ) THE DISCOVERY PERIOD AND 19 v. ) OTHER PRETRIAL DATES ) 20 UNITED STATES OF AMERICA, ) ) 21 Defendant. ) ) 22 Plaintiffs Santa Clara Valley Housing Group, Inc. ("SCVHG") and Kristen M. Bowes 23 (collectively, "Plaintiffs"), and Defendant the United States of America ("United States"), by and 24 through their counsel, pursuant to Civil Local Rule 6-2, jointly stipulate that the discovery period 25 and other pretrial dates established by the Court in its Order to Extend the Discovery Period and 26 Other Pretrial Dates (docket entry # 27) should be extended for an additional two month period 27 2d Stip. & Proposed Order 28 to Extend Discovery Period
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1 JOSEPH P. RUSSONIELLO United States Attorney 2 THOMAS M. NEWMAN Assistant United States Attorney 3 HENRY C. DARMSTADTER JAMES E. WEAVER 4 STEVEN P. JOHNSON ADAM D. STRAIT 5 Trial Attorneys, Tax Division U.S. Department of Justice 6 P.O. Box 683, Ben Franklin Station Washington, D.C. 20044-0683 7 Telephone: [phone] Facsimile: [phone] 8 [e-mail]

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1 in order to provide the parties with sufficient time to complete fact and expert discovery. 2 This income tax refund suit is the first SC2 tax transaction to be litigated in the Federal

3 District Court. As a significant case of first impression, this action requires substantial additional 4 fact discovery to prepare the matter for trial. In addition, both parties believe it is advisable to 5 conduct further fact discovery before the designation of expert witnesses. 6 During the discovery period to date, the parties have exchanged (or received from third

7 parties) thousands of pages of documents. Since January 14, as described in more detail in the 8 accompanying declaration of Henry C. Darmstadter, the United States has taken numerous oral 9 depositions throughout the State of California as well as in Arizona, Illinois and Washington, 10 D.C. The United States has taken the depositions of four former employees of KPMG. The 11 United States has also taken the depositions of shareholders of SCVHG and several current and 12 former officers of SCS Development Corp, an entity related to SCVHG. The United States has 13 also recently completed the deposition of an appraiser who valued SCVHG's non-voting stock in 14 connection with the subject transaction. 15 In the next several months, the United States anticipates taking numerous additional oral

16 depositions of other officers, agents and shareholders of SCVHG. The government also intends 17 to depose other current or former KPMG employees and other individuals and entities involved 18 in the subject transaction. The Plaintiffs have propounded extensive written discovery on the 19 government and have noticed a Rule 30(b)(6) deposition of the Internal Revenue Service. Both 20 parties intend to designate experts in this action and anticipate filing dispositive motions at the 21 close of discovery. 22 Therefore, the parties jointly stipulate and request that the Case Schedule should be

23 modified as follows: 24 25 26 Preliminary Pretrial Conference: 27 2d Stip. & Proposed Order 28 to Extend Discovery Period -2August 2, 2010, 11:00 a.m. Deadline to Designate Expert Witnesses: Preliminary Pretrial and Trial Conference Statement and Proposed Pretrial Order due: July 9, 2010 July 23, 2010

1 2 3 4 5 6 7 8 9 10 Last date for hearing dispositive motions: 11 Respectfully submitted this 4th day of May, 2010. 12 JOSEPH P. RUSSONIELLO 13 United States Attorney 14 THOMAS M. NEWMAN Assistant United States Attorney 15 /s/ Adam Strait 16 HENRY C. DARMSTADTER JAMES E. WEAVER 17 STEVEN P. JOHNSON ADAM D. STRAIT 18 Trial Attorneys, Tax Division U.S. Department of Justice 19 P.O. Box 683, Ben Franklin Station Washington, D.C. 20044-0683 20 Telephone: [phone] Facsimile: [phone] 21 [e-mail] 22 Attorneys for Defendant United States 23 Close of Fact Discovery: Disclosure of Rebuttal Experts: Close of Expert Discovery: Deadline to file and serve Notice of Motion to Exclude expert testimony or portion thereof: Deadline to file dispositive motions: Deadline to file responses to dispositive motions: Deadline to file replies to responses to dispositive motions:

(Suggested date) September 3, 2010 September 9, 2010 November 1, 2010

November 10, 2010 November 10, 2010 December 10, 2010 January 7, 2011 J ua y 31, 2011 Januarry17, 2011 at 9:00 AM

HOCHMAN, SALKIN, RETTIG, TOSCHER & PEREZ, P.C. /s/ Sharyn M. Fisk CHARLES P. RETTIG STEVEN TOSCHER AVRAM SALKIN EDWARD M. ROBBINS, JR. SHARYN M. FISK Hochman, Salkin, Rettig, Toscher & Perez, P.C. 9150 Wilshire Boulevard, Suite 300 Beverly Hills, California 90212-3414 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs Bowes and Santa Clara Valley Housing Group

24 PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED. 25 26 27 2d Stip. & Proposed Order 28 to Extend Discovery Period -310th Dated this ____ day of May, 2010. _________________________________ HON. JAMES WARE UNITED STATES DISTRICT JUDGE