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

Filing 32

STIPULATION AND ORDER AS MODIFIED BY THE COURT Granting Third Stipulation to Extend the Discovery Period and Other Pretrial Dates re 31 Stipulation. Close of All Discovery due by 12/15/2010. Last Date for Hearing Motions due by 3/21/2011. Prelimina ry Pretrial Conference statement due 9/10/2010. Preliminary Pretrial Conference set for 9/20/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. This is a final continuance. Signed by Judge James Ware on 7/1/2010. (ecg, COURT STAFF) (Filed on 7/1/2010)

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Santa Clara Valley Housing Group, Inc. et al v. United States of America Doc. 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHARLES P. RETTIG, State Bar No. 97848 STEVEN TOSCHER, State Bar No. 91115 AVRAM SALKIN, State Bar No. 30412 EDWARD M. ROBBINS, JR., State Bar no. 82696 SHARYN M. FISK, State Bar No. 199898 Hochman Salkin Rettig Toscher & Perez, P.C. 9150 Wilshire Boulevard, Suite 300 Beverly Hills, CA 90212 Phone: 310/281-3200 Fax: 310/859-1430 E-Mail: sf@taxlitigator.com JOSEPH P. RUSSONIELLO United States Attorney THOMAS M. NEWMAN Assistant United States Attorney HENRY C. DARMSTADTER JAMES E. WEAVER STEVEN P. JOHNSON ADA M D. STRAIT Trial Attorneys, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station Washington, DC 20044-0683 Telephone: 202/307-6481 Facsimile: 202/307-0054 E-Mail: henry.c.darmstadter@usdoj.gov UNIT ED S S DISTRICT TE C TA ER N F D IS T IC T O R A C UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________) SANTA CLARA VALLEY HOUSING GROUP, INC. and KRISTEN M. BOWES, Case No. 08-cv-05097-JW THIRD STIPULATION AND [PROPOSED] ORDER TO EXTEND THE DISCOVERY PERIOD AND OTHER PRETRIAL DATES Plaintiffs Santa Clara Valley Housing Group, Inc. ("SCVHG") and Kristen M. Bowes (collectively, "Plaintiffs"), and Defendant the United States of America ("United States"), by and through their counsel, pursuant to Civil Local Rule 6-2, jointly stipulate that the discovery period and other pretrial dates established by the Court in its Order to Extend the Discovery Period and Other Pretrial Dates (docket entry #30) should be extended for an additional forty-five (45) day 1 Third Stipulation and [Proposed] Order to Extend the Discovery Period Dockets.Justia.com LI 7/1/2010 FO mes Wa Judge Ja re R NIA ERED O ORD D IT IS S DIFIE AS MO RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 period in order to provide the parties with sufficient time to complete fact and expert discovery. This income tax refund suit is the first SC2 tax transaction to be litigated in the Federal District Court. As a significant case of first impression, this action requires substantial additional fact discovery to prepare the matter for trial. In addition, both parties believe it is advisable to conduct further fact discovery before the designation of expert witnesses. During the discovery period to date, the parties have exchanged (or received from third parties) thousands of pages of documents and have taken numerous oral depositions throughout the State of California as well as in Arizona, Illinois and Washington, D.C. In the next several months, the United States anticipates taking additional oral depositions of current or former KPMG employees and other individuals and entities involved in the subject transaction. The Plaintiffs also intend to take additional oral depositions of other individuals and entities involved in the subject transaction. Both parties intend to designate experts in this action and anticipate filing dispositive motions at the close of discovery. Therefore, the parties jointly stipulate and request that the Case Schedule should be modified as follows: Deadline to Designate Expert Witnesses: Preliminary Pretrial and Trial Conference Statement and Proposed Pretrial Order Due: Preliminary Pretrial Conference: August 23, 2010 September 10, 2010 September 20, 2010, 11:00 a.m. (Suggested date) October 15, 2010 October 22, 2010 December 15, 2010 19 20 21 22 23 24 25 26 27 28 /// /// 2 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: January 11, 2011 January 11, 2011 February 11, 2011 Third Stipulation and [Proposed] Order to Extend the Discovery Period 1 2 Deadline to file replies to responses to dispositive motions: Last date for hearing dispositive motions: March 11, 2011 March 21, 2011 at 9:00 AM 3 4 5 6 7 8 9 10 11 12 13 14 15 Attorneys for Defendant United States 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Third Stipulation and [Proposed] Order to Extend the Discovery Period 300 968 .1 Respectfully submitted this 29th day of June, 2010. JOSEPH P. RUSSONIELLO United States Attorney THOMAS M. NEWMAN Assistant United States Attorney ___/s/_____________________ HENRY C. DARMSTADTER JAMES E. WEAVER STEVEN P. JOHNSON ADA M D. STRAIT Trial Attorneys, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044-0683 Telephone: 202/307-6481 Facsimile: 202/307-0054 henry.c.darmstadter@usdoj.gov HOCHMAN, SALKIN, RETTIG, TOSCHER & PEREZ, P.C. ____/s/_______________________________ CHA RLES P. RETTIG STEVEN TOSCHER AVR AM SALKIN EDWARD M. ROBBINS, JR. SHARYN M. FISK Hochman, Salkin, Rettig, Toscher & Perez, P.C. 9150 Wilshire Boulevard, Suite 300 Beverly Hills, CA 90212-3414 Telephone: 310/281-3200 Facsimile: 310/281-1430 Rettig@taxlitigator.com Toscher@taxlitigator.com Salkin@taxlitigator.com Robbins@taxlitigator.com Fisk@taxlitigator.com Attorneys for Plaintiffs Bowes and Santa Clara Valley Housing Group PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED. This is a final continuance. July 1st Dated this ___ day of _______, 2010 ____________________________________ HON. JAMES WARE UNITED STATES DISTRICT JUDGE

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