United States of America v. Burga et al

Filing 47

ORDER granting 46 Stipulation to Continue Discovery Hearing AS MODIFIED BY THE COURT. Discovery Hearing set for 3/10/2020 at 10:00 AM. Signed by Judge Susan van Keulen on 1/31/2020. (svklc2S, COURT STAFF) (Filed on 1/31/2020)

Case 5:18-cv-01633-BLF Document 47 Filed 01/31/20 Page 1 of 3

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]
7
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-SVK

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE FEBRUARY
27, 2020 DISCOVERY HEARING
AS MODIFIED

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)
)
Petitioner,
)
)
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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)
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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 discovery hearing date currently set for February 27, 2020.
1.

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

15, 2018 (“Petition to Enforce Summons”). (Docket No. 1).
2.

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

Internal Revenue Service summonses at issue. The Court further ordered that respondents had to provide
STIPULATION AND [PROPOSED] ORDER
AS MODIFIED
Case No. 5:18-cv-01633-BLF-SVK

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Case 5:18-cv-01633-BLF Document 47 Filed 01/31/20 Page 2 of 3

1 the United States with revised privilege logs and give testimony as to their efforts to comply with the
2 summonses. (Docket No. 19).
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3.

Respondents provided the United States with revised privilege logs and provided

4 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’

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

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

9 Keulen and vacated the November 7, 2019 hearing.
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6.

On July 30, 2019, the Court conducted a discovery hearing and heard the United States’

11 challenges to respondents’ claims of privilege. (Docket No. 35).
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7.

On August 16, 2019, the Court issued its Order adjudicating some of the United States’

13 challenges to respondents’ claims of privilege and also ordering the parties to a special master for an in
14 camera review of the remaining documents for which respondents claimed privilege. (Docket No. 37).
8.

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On December 18, 2019, the Court appointed Edward W. Swanson as the special master

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and set various deadlines related to his review of the claimed privileged material. (Docket No. 44). In

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its Order, the Court also set a discovery hearing for February 27, 2020, at 10:00 a.m. (Id.).

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9.

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

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continue the hearing currently set for February 27, 2020, at 10:00 a.m. to March 3, 2020, at 10:00 a.m.

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MARCH 10, 2020 AT 10:00 A.M.

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10.

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

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

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Case 5:18-cv-01633-BLF Document 47 Filed 01/31/20 Page 3 of 3

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Dated this 31st day of January, 2020
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 31st day of January, 2020
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 31st day of January, 2020
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 31 day of January, 2020

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__________________________
SUSAN VAN KEULEN
UNITED STATES MAGISTRATE JUDGE

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

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