United States of America v. Burga et al

Filing 31

ORDER by Judge Susan van Keulen granting 30 Stipulation. Response due by 7/2/2019. Reply due by 7/16/2019. Discovery Hearing set for 7/30/2019 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. (svklc2S, COURT STAFF) (Filed on 5/30/2019)

1 RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General
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AMY MATCHISON (CABN 217022)
3 Trial Attorney
United States Department of Justice, Tax Division
4 P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044
5 Telephone: [phone]
Fax:
[phone]
6 E-mail: [e-mail]
[e-mail]
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DAVID L. ANDERSON
8 United States Attorney
450 Golden Gate Avenue, 11th Floor
9 San Francisco, California 94102
10 Attorneys for United States of America
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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13 UNITED STATES OF AMERICA,

Case No. 5:18-cv-01633-BLF

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STIPULATION AND [PROPOSED]
ORDER REQUESTING
CONTINUANCE OF JUNE 25, 2019
HEARING AND TO SET BRIEFING
SCHEDULE

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)
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Petitioner,
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v.
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FRANCIS BURGA; FRANCIS BURGA AS
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THE ADMINISTRATOR OF THE ESTATE )
OF MARGELUS BURGA; and
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RUSSELL MANSKY,
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Respondents.
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_______________________________________)

Petitioner United States of America, respondents Francis Burga (in her individual capacity and as
the Administrator of the Estate of Margelus Burga) and Russell Mansky, through their respective
undersigned counsel of record, stipulate as follows and respectfully request an order pursuant to this
stipulation for a continuance of the hearing date currently set for the United States’ Brief Challenging
Respondents’ Assertions of Privilege (Docket No. 26) and for other relief:
1.

The United States filed its Petition to Enforce Internal Revenue Summonses on March

15, 2018 (“Petition to Enforce Summons”). (Docket No. 1).

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STIPULATION AND [PROPOSED] ORDER
Case No. 5:18-cv-01633-BLF

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2.

On June 5, 2018, the Court ordered the Petition to Enforce granted and enforced the six

2 Internal Revenue Service summonses at issue. The Court further ordered that respondents had to provide
3 the United States with revised privilege logs and give testimony as to their efforts to comply with the
4 summonses. (Docket No. 19).
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3.

Respondents have since provided the United States with revised privilege logs and have

6 provided testimony. (Docket No. 21). Efforts at compliance remain underway. (Docket No. 27).
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4.

On May 16, 2019, the United States filed its brief challenging some of respondents’

8 claims of privilege. (Docket No. 26). That matter was set for hearing before Judge Beth Labson
9 Freeman on November 7, 2019.
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5.

In a status report the parties also filed on May 16, 2019, the parties stipulated to an

11 enlarged briefing schedule with response and reply dates in July. (Docket No. 27).
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6.

On May 17, 2019, the Court referred the privilege matter to Magistrate Judge Susan van

13 Keulen and vacated the November 7, 2019 hearing. The Court also denied without prejudice the parties’
14 proposed briefing schedule, for resubmission to Judge van Keulen. (Docket No. 28).
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7.

On May 22, 2019, the Court set the privilege matter for hearing on June 25, 2019, at

16 10:00 a.m. and set June 6, 2019, as the deadline for responses and June 14, 2019, as the deadline for
17 replies. (Docket No. 29).
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8.

Due to a scheduling conflict with government counsel’s calendar, the parties seek to

19 continue the hearing currently set for June 25, 2019, at 10:00 a.m. to July 30, 2019, at 10:00 a.m.
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9.

Further, the parties seek to modify the briefing schedule and agree that respondents

21 should have up to and including July 2, 2019, to file any response to the United States’ Brief
22 Challenging Respondents’ Assertions of Privilege and the United States should have up to and including
23 July 16, 2019, to file any replies.
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10.

This is the parties’ first stipulation for a continuance of this hearing and for a modified

25 briefing schedule.
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STIPULATION AND [PROPOSED] ORDER
Case No. 5:18-cv-01633-BLF

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Dated this 28th day of May, 2019
RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

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/s/ Amy Matchison
AMY MATCHISON (CA SBN 217022)
Trial Attorney, Tax Division
United States Department of Justice

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Dated this 28th day of May, 2019
SIDEMAN & BANCROFT LLP

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By:

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/s/ Jay R. Weill
Jay R. Weill
Steven M. Katz
Emily J. Kingston
Travis W. Thompson
Attorneys for FRANCIS BURGA;
FRANCIS BURGA AS THE
ADMINISTRATOR OF THE ESTATE OF
MARGELUS BURGA

Dated this 28th day of May, 2019
WOOD ROBBINS, LLP

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By:

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/s/ Denise Mejlszenkier
Denise Mejlszenkier
Attorneys for Respondent RUSSELL
MANSKY

IT IS SO ORDERED.
Dated this 30 day of May, 2019
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__________________________
SUSAN VAN KEULEN
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER
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ECF CERTIFICATION

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Pursuant to Local Rule 5-1(i)(3), I hereby attest that I obtained concurrence in the filing of

3 this document from the signatories indicated by the conformed signatures (/s/) of Jay R. Weill and
4 Denise Mejlszenkier.
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/s/ Amy Matchison
AMY MATCHISON
Trial Attorney, Tax Division
U.S. Department of Justice

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STIPULATION AND [PROPOSED] ORDER
Case No. 5:18-cv-01633-BLF

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