United States of America v. Burga et al

Filing 52

ORDER granting 51 Joint MOTION to Vacate March 10, 2020 Discovery Hearing and to Adopt Special Master's Report. Signed by Judge Susan van Keulen on 3/4/2020. (svklc2S, COURT STAFF) (Filed on 3/4/2020)

Case 5:18-cv-01633-BLF Document 52 Filed 03/04/20 Page 1 of 3

ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

SIDEMAN & BANCROFT LLP

1 JAY R. WEILL (State Bar No. 75434)
E-Mail:
[e-mail]
2 STEVEN M. KATZ (State Bar No. 164617)
E-Mail:
[e-mail]
3 TRAVIS W. THOMPSON (State Bar No. 309106)
E-Mail:
[e-mail]
4 SIDEMAN & BANCROFT LLP
One Embarcadero Center, Twenty-Second Floor
5 San Francisco, California 94111-3711
Telephone:
[phone]
[phone]
6 Facsimile:
7 Attorneys for FRANCIS BURGA;
FRANCIS BURGA AS THE
8 ADMINISTRATOR OF THE
ESTATE OF MARGELUS BURGA
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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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UNITED STATES OF AMERICA,

Case No. 18-CV-01633 BLF (SVK)

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Petitioner,
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v.

JOINT MOTION TO VACATE MARCH
10, 2020 DISCOVERY HEARING AND TO
ADOPT SPECIAL MASTER’S REPORT

16
FRANCIS BURGA; FRANCIS BURGA AS
17 THE ADMINISTRATOR OF THE ESTATE
OF MARGELUS BURGA; and RUSSELL
18 MANSKY,

Judge: Honorable Susan van Keulen
Honorable Beth L. Freeman

Respondents.

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On December 18, 2019, the Court ordered the Special Master to provide a written report

22 containing his recommended resolution of the parties’ disputes regarding Respondents’ privilege
23 claims and any exceptions asserted by the Government with respect to such claims by January 31,
24 2020. In addition, the Court ordered the parties to file objections to or a motion to adopt or
25 modify the Special Master’s report by February 14, 2020. The Special Master submitted his report
26 to the parties which was filed under seal with the Court on February 3, 2020.
27

The parties reviewed the Special Master’s Report and submitted a Joint Stipulation to

28 Adopt the Special Master’s Report on February 14, 2020. On February 27, 2020, Respondent
6729-1\4312087

Case No. 18-CV-01633 BLF (SVK)
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JOINT MOTION TO VACATE DISCOVERY HEARING AND TO ADOPT SPECIAL MASTER’S REPORT

Case 5:18-cv-01633-BLF Document 52 Filed 03/04/20 Page 2 of 3

1 produced to the Government, fully or in redacted form, as appropriate, any documents identified in
2 the Special Master’s Report as not privileged or only partially privileged.
3

The Court continued the discovery hearing date regarding the Special Master’s Report to

4 March 10, 2020 at 10:00 a.m. The parties have conferred and respectfully request the Court to
5 vacate the March 10, 2020 hearing date and adopt the Special Master’s Report submitted to the
6 Court under seal on February 3, 2020.

SIDEMAN & BANCROFT LLP

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By:

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ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

Respectfully submitted,

8 DATED: March 4, 2020

SIDEMAN & BANCROFT LLP

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DATED: March 4, 2020

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

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General
By:

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

19 DATED: March 4, 2020

WOOD ROBBINS LLP

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By:

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

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23 IT IS SO ORDERED
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Date: March 4, 2020

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By:
SUSAN VAN KEULEN
UNITED STATES MAGISTRATE JUDGE

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Case No. 18-CV-01633 BLF (SVK)
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JOINT MOTION TO VACATE DISCOVERY HEARING AND TO ADOPT SPECIAL MASTER’S REPORT

Case 5:18-cv-01633-BLF Document 52 Filed 03/04/20 Page 3 of 3

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2

ATTESTATION
Pursuant to Civil Local Rule 5.1, I hereby attest that all counsel represented by conformed

3 signatures above have concurred in the filing of this Joint Motion.
4 DATED: March 4, 2020

SIDEMAN & BANCROFT LLP

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By:

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/s/ Jay R. Weill

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ONE EMBARCADERO CENTER, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111-3711

LAW OFFICES

SIDEMAN & BANCROFT LLP

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Case No. 18-CV-01633 BLF (SVK)
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JOINT MOTION TO VACATE DISCOVERY HEARING AND TO ADOPT SPECIAL MASTER’S REPORT