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

Filing 87

ORDER APPROVING 86 JOINT STIPULATION TO CONTINUE HEARING DATE FOR DISPOSITIVE MOTIONS. The Motion Hearing set for 6/10/2011 is CONTINUED to 7/21/2011 at 1:30 PM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel. Signed by Judge Jeremy Fogel on 5/5/2011. (jflc2, COURT STAFF) (Filed on 5/5/2011)

1 STEVEN TOSCHER, State Bar No. 91115
CHARLES P. RETTIG, State Bar No. 97848
2 AVRAM SALKIN, State Bar No. 30412
EDWARD M. ROBBINS, JR., State Bar No. 82696
3 SHARYN M . FISK, State Bar No. 199898
Hochman Salkin Rettig Toscher & Perez, P.C.
4 9150 Wilshire Boulevard, Suite 300
Beverly Hills, CA 90212
5 Phone: [phone]
Fax: [phone]
6 E-Mail: [e-mail]

**E-Filed 5/5/2011**

7 Attorneys for Plaintiffs Santa Clara Valley Housing Group, Inc.
and Kristen M. Bowes
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9
UNITED STATES DISTRICT COURT
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NORTH ERN DISTRICT OF CALIFORNIA
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SANTA CLARA VALLEY HOUSING
GROUP, INC. and KRISTEN M. BOWES,

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CASE NO. 08-cv-05097-JF

Plaintiffs,

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JOINT STIPULATION TO
CONTINUE HEARING DATE FOR
DISPOSITIVE MOTIONS, AND
-------------------- ORDER
[PROPOSED]

v.

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UNITED STATES OF AMERICA
Defendant.

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Plaintiffs SANTA CLARA VALLEY HOUSING GROUP, INC. (“SCVHG”), and

21 KRISTEN M. BOWES (“Bowes”) (collectively referred to as “Plaintiffs”), and defendant
22 UNITED STATES OF AM ERICA (“United States”), by and through their attorneys, hereby
23 stipulate as follows:
24

1.

On February 14, 2011, the parties filed Cross-Motions for Summary (or Partial

25 Summary) Judgment. Both Plaintiffs filed separate Motions for Summary Judgment: SCVHG
26 (Doc. # 70) and Bowes (Doc # 71). The United States filed a Motion for Summary Adjudication
27 of Issues (Doc # 67).
28 / / /
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J OINT S TIPULATION TO C ONTINUE H EARING D ATE ON D ISPOSITIVE M OTIONS,
AND [P ROPOSED ] O RDER

1

2.

Prior to the hearing on the Cross-Motions, on February 23, 2011, this action was

2 reassigned to the Honorable Judge Jeremy Fogel for all further proceedings. See Reassignment
3 Order (Doc. # 74).
4

3.

On April 4, 2011, the parties filed a stipulation and proposed order to re-notice the

5 cross-motions, establish a briefing schedule regarding the motions to include a hearing date of
6 June 10, 2011, and to request that the matter be re-referred to Magistrate Judge Lloyd for
7 purposes of holding a settlement conference (Doc. #76). On April 13, 2011, the Court granted
8 the parties’ request.
9

4.

On April 15, 2011, a Case Management Conference was held before the Court

10 during which the Court requested that if the parties were unable to schedule the settlement
11 conference prior to the June 10, 2011 hearing date on the cross-motions, that the parties inform
12 the Court.
13

5.

Due to the parties’ and Magistrate Judge Lloyd’s availability, the settlement

14 conference could not be set prior to the current June 10, 2011 hearing date on the cross-motions.
15 The settlement conference with Magistrate Judge Lloyd has been set for June 15, 2011.
16

6.

Because this action arises out of a complicated tax transaction, the parties suggest

17 that it would be appropriate for the Court to set aside one (1) hour for oral argument. Thus, the
18 parties propose that the hearing on the cross-motions set for June 10, 2011 at 9:00 a.m. be
19 continued to a special hearing on July 21, 2011 at 1:30 p.m.
20

7.

On April 22, 2011, the parties filed their respective Oppositions to the pending

21 dispositive motions (United States’ Oppositions, Docs. #79 and #80; Plaintiff SCVHG’s
22 Opposition, Doc. #84). The parties will file any Reply Briefs by the existing deadline of May 13,
23 2011 to provide the Court with time to review the Motions in the event this matter does not settle
24 prior to the hearing.
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J OINT S TIPULATION TO C ONTINUE H EARING D ATE ON D ISPOSITIVE M OTIONS,
AND [P ROPOSED ] O RDER

1

THEREFORE, the parties hereby stipulate that the June 10, 2011 hearing date on the

2 cross-motions be continued as follows:
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Cross-Motions to be heard on Thursday, July 21, 2011 at 1:30 p.m. in
Courtroom No. 3

4
5 DATED: April 28, 2011

HOCHMAN, SALKIN, RETTIG, TOSCHER & PEREZ,
P.C.

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By:

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/s/ Sharyn M. Fisk
SHARYN M. FISK

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Hochman, Salkin, Rettig, Toscher & Perez, P.C.
9150 Wilshire Boulevard, Suite 300
Beverly Hills, California 90212-3414
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for SANTA CLARA VALLEY HOUSING GROUP,
INC. and KRISTEN M. BOWES

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14 DATED: April 28, 2011

UNITED STATES DEPARTMENT OF JUSTICE

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By: /s/ Henry C. Darmstadter
HENRY C. DARMSTADTER
JAMES E. WEAVER
ADAM STRAIT
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044-0683
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for the UNITED STATES OF AMERICA

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24 PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS SO
ORDERED.
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5th
May
Dated this ___ day of ______________, 2011

____________________________________
HON. JEREMY FOGEL
UNITED STATES DISTRICT JUDGE

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309 611 .1

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J OINT S TIPULATION TO C ONTINUE H EARING D ATE ON D ISPOSITIVE M OTIONS,
AND [P ROPOSED ] O RDER