O'Keefe vs United States of America

Filing 77

ORDER granting ECF No. 76 Stipulation : Response to ECF No. 65 Motion for Summary Judgment due by 11/22/2018. Reply due by 12/24/2018. Signed by Judge Miranda M. Du on 9/24/2018. (Copies have been distributed pursuant to the NEF - DRM)

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PHILIP GARRETT PANITZ, CA State Bar No. 096561
BARBARA E. LUBIN, CA State Bar No. 238283
JEFFREY G. SLOANE, NV State Bar No. 784
PANITZ & KOSSOFF, LLP
5743 Corsa Avenue, Suite 208
Westlake Village, CA 91362
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail] / [e-mail]

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Attorneys for Plaintiffs and Counterclaim Defendants
Michael F. Reeder and Pamela O’Keefe,
Trustee for the Jordan Grace Reeder Irrevocable Trust
and Trustee for the Darby Leigh Reeder Irrevocable Trust

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA, NORTHERN DIVISION

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MICHAEL F. REEDER,

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Plaintiff,

Civil No.: 3:15-cv-00129-MMD
WGC

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v.
UNITED STATES OF AMERICA,
Defendant.
PAMELA M. O’KEEFE, as
Trustee for the JORDAN
GRACE REEDER
IRREVOCABLE TRUST,

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THIRD AMENDED JOINT
STIPULATION TO EXTEND
THE BRIEFING SCHEDULE
FOR THE UNITED STATES’
MOTION FOR SUMMARY
JUDGMENT; [PROPOSED]
ORDER

Plaintiff,

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v.
UNITED STATES OF
AMERICA,
Defendant.
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AND RELATED
COUNTERCLAIMS

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COMES now Plaintiffs and Counterclaim Defendants Michael F. Reeder

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(“Reeder”) and Pamela O’Keefe, as Trustee of the Jordan Grace Reeder
Irrevocable Trust, dated April 15, 1993 (“JGR Trust”) and the Darby Leigh Reeder
Irrevocable Trust (“DLR Trust”), Defendant and Counterclaimant, United States of

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America (“United States”), by and through their undersigned counsel, and submit a

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third amended joint stipulation to extend the briefing dates with respect to the

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Motion for Summary Judgment which was filed by the United States of America
(“United States”) with this Court on May 1, 2018 [ECF 65]. This Court previously
agreed to the parties’ stipulated extended briefing dates of September 22, 2018 for
Plaintiffs and Counterclaim Defendants to file an opposition to the United States’
Motion for Summary Judgment and the date of October 22, 2018 for the United

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States to file a Reply [ECF 73].
By this stipulation, the parties are now requesting to extend the stipulated

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dates for an additional two month period in order to provide the government with
the additional time necessary to evaluate the global settlement offer submitted by
Plaintiffs and Counterclaim Defendants. Due to the large amount of the concession

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being sought by Mr. Reeder, this settlement requires several layers of review by

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the United States. Because this case has been classified by the Internal Revenue

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Service ("IRS") as "Standard," the views of IRS Office of Chief Counsel must be

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obtained prior to the offer being considered by the Department of Justice. The

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proposed settlement of this matter must also be approved by several different
sections within the Department of Justice. Counsel for Plaintiffs and Counterclaim
Defendants and the United States’ Department of Justice Trial Attorneys are

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expeditiously cooperating with all requests that come out of the various

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governmental levels of review; but the process is nonetheless fairly lengthy.

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In addition, because the offer is partially based upon collectability, Mr.
Reeder has submitted detailed financial statements which are in the process of
being evaluated by the government. Mr. Reeder continues to provide updated

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financial information as requested. Accordingly, both sides would prefer to not
expend the resources to currently continue the briefing schedule for the United

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States’ summary judgment motion while the global settlement offer is under

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consideration.

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Accordingly, the parties believe good cause exists for this third extension for
the briefing schedule. The parties stipulate that the current briefing schedule dates
be extended with the Opposition by the Plaintiff and Counter Defendant to the

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United States’ Motion for Summary Judgment to be filed by November 22, 2018

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and the United States’ Reply Brief to be filed by December 24, 2018. The Parties

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will immediately advise the Court if a settlement is reached.
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PANITZ & KOSSOFF, LLP

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DATED: September 20, 2018

/s/Barbara E. Lubin
BARBARA E. LUBIN
PANITZ & KOSSOFF, LLP
5743 Corsa Avenue, Suite 208
Westlake Village, California 91362
[phone]
Attorneys for Plaintiffs and
Counterclaim Defendants

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RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

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DATED: September 20, 2018

/s/Henry C. Darmstadter
HENRY C. DARMSTADTER
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683 Ben Franklin Station
Washington, D.C. 20044-0683
[phone]

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DAYLE ELIESON
United States Attorney
District of Nevada
Of Counsel

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IT IS SO ORDERED:

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UNITED STATES DISTRICT COURT
JUDGE

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DATED: September 24, 2018

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