Interior Glass Systems, Inc. v. United States Of America

Filing 7

STIPULATION AND ORDER re 5 Stipulation Extending Time to Answer and Continuing Case Management Conference. Case Management Conference continued to 4/15/2014 at 1:30 PM in Courtroom 2, 5th Floor, San Jose. Case Management Statement due by 4/8/2014. Signed by Magistrate Judge Howard R. Lloyd on 2/12/2014. (hrllc1, COURT STAFF) (Filed on 2/12/2014)

Case5:13-cv-05563-HRL Document5 Filed02/05/14 Page1 of 3
*E-Filed: February 12, 2014*
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MELINDA HAAG (CABN 132612)
United States Attorney
THOMAS MOORE (ALBN 4305-O78T)
Chief, Tax Division
MICHAEL G. PITMAN (DCBN 484164)
Assistant United States Attorney, Tax Division
450 Golden Gate Ave., Box 36055
San Francisco, CA 94102
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]

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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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SAN JOSE DIVISION

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Interior Glass Systems, Inc.,
Civil No. 5:13-cv-05563-HRL

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Plaintiff,
v.

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United States of America,

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STIPULATION EXTENDING TIME TO
ANSWER OR OTHERWISE RESPOND
AND CONTINUING CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER

Defendant.

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IT IS HEREBY STIPULATED by and between Defendant the United States of America

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(“United States”) and Plaintiff Interior Glass Systems, Inc. (“Plaintiff”), by and through

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undersigned counsel and pursuant to Fed. R. Civ. P. 16(b)(4) and Local Civil Rule 6-2, that good

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cause exists and the parties request that the Court continue both the date for the United States to

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answer or otherwise respond to Plaintiff’s Complaint, and the Case Management Conference

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currently scheduled for March 18, 2014, by approximately 30 days, and state as follows in

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support:

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STIPULATION EXTENDING TIME TO
ANSWER OR OTHERWISE RESPOND
AND CONTINUING CASE MANAGEMENT
CONFERENCE AND [PROPOSED] ORDER
CIVIL NO. 5:13-CV-05563-HRL

Case5:13-cv-05563-HRL Document5 Filed02/05/14 Page2 of 3

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Plaintiff commenced the instant action on or about December 2, 2013. Upon learning of

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the Complaint, the Department of Justice contacted the Internal Revenue Service’s Office of

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Chief Counsel and requested the administrative file associated with this case. The Office of

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Chief Counsel has yet to provide a copy of the administrative file to the Department of Justice.

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Without the administrative file, counsel for the United States is unable to prepare an adequate

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response to the Complaint.

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Accordingly, the parties hereby stipulate that the United States shall have until March 4,

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2014, to answer or otherwise respond to Plaintiff’s Complaint, and also that the Case

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Management Conference currently scheduled for March 18, 2014, be continued until April 15,

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2014 at 1:30 pm. The requested extension is not being made for purposes of delay, but to allow

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for a review of the relevant administrative materials. No party has obtained any previous

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extensions in this matter.

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Respectfully submitted,
MELINDA HAAG
United States Attorney

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s/ John P. McDonnell
JOHN PATRICK MCDONNELL
Myers Hawley Morley
Myers & McDonnell
166 Main Street
Los Altos, CA 94022
[phone]
Fax: [phone]
[e-mail]

s/ Michael G. Pitman
MICHAEL G. PITMAN
Assistant United States Attorney, Tax Division
Attorneys for United States of America

Attorneys for Plaintiff Interior Glass
Systems, Inc.

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STIPULATION EXTENDING TIME TO
ANSWER OR OTHERWISE RESPOND
AND CONTINUING CASE MANAGEMENT
CONFERENCE AND [PROPOSED] ORDER
CIVIL NO. 5:13-CV-05563-HRL

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Case5:13-cv-05563-HRL Document5 Filed02/05/14 Page3 of 3

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[PROPOSED] ORDER
Upon stipulation of the parties, and for good cause shown, it is hereby ORDERED that

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the United States of America shall have until March 4, 2014, to answer or otherwise respond to

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Plaintiff’s Complaint.

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It is further ORDERED that the Case Management Conference currently scheduled for
March 18, 2014, is continued until April 15, 2014 at 1:30 pm.

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12th
February
SO ORDERED this _____ day of _________________, 2014.

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________________________________
THE HONORABLE HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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STIPULATION EXTENDING TIME TO
ANSWER OR OTHERWISE RESPOND
AND CONTINUING CASE MANAGEMENT
CONFERENCE AND [PROPOSED] ORDER
CIVIL NO. 5:13-CV-05563-HRL

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