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

Filing 49

STIPULATION AND ORDER re 47 . Signed by Magistrate Judge Howard R. Lloyd on 11/16/2010. (hrllc1, COURT STAFF) (Filed on 11/16/2010)

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Santa Clara Valley Housing Group, Inc. et al v. United States of America Doc. 49 ** E-filed November 16, 2010 ** 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 STAN G. ROMAN (SBN 87652) (sroman@kksrr.com) TRACY M. CLEMENTS (SBN 184150) (tclements@kksrr.com) KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP 555 Montgomery Street, 17th Floor San Francisco, CA 94111 Telephone: (415) 249-8330 Facsimile: (415) 249-8333 Attorneys for Third Party DOUGLAS DUNCAN UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SANTA CLARA VALLEY HOUSING GROUP, INC. and KRISTEN M. BOWES, P l aintiffs, v. UNITED STATES OF AMERICA, Defendant. Case No.: 5:08-cv-05097 HRL STIPULATION AND [PROPOSED] ORDER EXTENDING DATE FOR THIRD PARTY DOUGLAS DUNCAN'S OPPOSITION TO MOTION TO COMPEL Pursuant to Civil Local Rules 6-2 and 7-12, plaintiffs Santa Clara Valley Housing Group, Inc. and Kristen M. Bowes ("plaintiffs"), defendant the United States of America ("defendant"), and third party deponent Douglas Duncan ("Mr. Duncan"), by and through their undersigned counsel, stipulate as follows and respectfully request that the Court enter the following Proposed Order: WHEREAS plaintiffs have filed a Motion to Compel Third Party Douglas Duncan to Testify despite his assertion of the Fifth Amendment, which motion is presently scheduled for December 7, 2010; WHEREAS, based upon the hearing date, Mr. Douglas' opposition to the Motion to Compel would b e due on November 16, 2010; ____________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER EXTENDING DATE FOR OPPOSITION CASE NO.: 5:08-cv-05097 HRL Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS on November 12, 2010, defendant filed a Non-Opposition and Response to Motion to Compel Testimony of Douglas Duncan; WHEREAS, for the reasons stated in the accompanying Declaration of Stan Roman, counsel for Mr. Duncan believes that Mr. Duncan is entitled to additional time to file its opposition to address issues raised in defendant's Non-Opposition and Response; WHEREAS plaintiffs, defendant and Mr. Duncan agree that Mr. Duncan should be permitted additional time, up to and including November 19, 2010, to file his opposition; WHEREAS the requested extension of time will not alter the date for plaintiffs' reply or the hearing date for this matter. Accordingly, IT IS HEREBY STIPULATED AND AGREED THAT, subject to approval of the Court, third party Douglas Duncan shall be permitted additional time, up to and including November 19, 2010, to file his opposition t o plaintiff's Motion t o C ompel. IT IS SO STIPULATED. 14 15 16 17 18 19 20 21 22 Dated: November 16, 2010 KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP By: _ _ _ _ _ _ _ _ / s / ______________________ STAN G. ROMAN Attorneys for Third Party Douglas Duncan Dated: November 16, 2010 HOCHMAN, SALKIN, RETTIG, TOSCHER, & PEREZ, P.C. By: 23 24 25 26 27 28 _________/s/ ______________________ SHARYN M. FISK Attorneys for Plaintiffs Santa Clara Valley Housing Group, Inc. and Kristen M. Bowes ____________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER EXTENDING DATE FOR OPPOSITION CASE NO.: 5:08-cv-05097 HRL 1 2 3 Dated: November 16, 2010 TRIAL ATTORNEYS, TAX DIVISION U.S. Department of J u stice By: 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 ___________/s/ ____________________ Henry C. Darmstadter Attorneys for Defendant The United States Government PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: ___Nove__ber 16 _, 2010 ____ m _____ ________________________________ Hon. Howard R. Lloyd United States Magistrate Judge ____________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER EXTENDING DATE FOR OPPOSITION CASE NO.: 5:08-cv-05097 HRL

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