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United States v. Burga, 5:18-cv-01633-BLF-SVK. (2020)

Court: District Court, N.D. California Number: infdco20200203a45 Visitors: 9
Filed: Jan. 31, 2020
Latest Update: Jan. 31, 2020
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE FEBRUARY 27, 2020 DISCOVERY HEARING AS MODIFIED SUSAN VAN KEULEN , Magistrate Judge . 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 c
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FEBRUARY 27, 2020 DISCOVERY HEARING AS MODIFIED

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

3. Respondents provided the United States with revised privilege logs and provided testimony. (Docket No. 21). Efforts at compliance remain underway. (Docket No. 27).

4. On May 16, 2019, the United States filed its brief challenging some of respondents' claims of privilege. (Docket No. 26). That matter was set for hearing before Judge Beth Labson Freeman on November 7, 2019.

5. On May 17, 2019, the Court referred the privilege matter to Magistrate Judge Susan van Keulen and vacated the November 7, 2019 hearing.

6. On July 30, 2019, the Court conducted a discovery hearing and heard the United States' challenges to respondents' claims of privilege. (Docket No. 35).

7. On August 16, 2019, the Court issued its Order adjudicating some of the United States' challenges to respondents' claims of privilege and also ordering the parties to a special master for an in camera review of the remaining documents for which respondents claimed privilege. (Docket No. 37).

8. On December 18, 2019, the Court appointed Edward W. Swanson as the special master and set various deadlines related to his review of the claimed privileged material. (Docket No. 44). In its Order, the Court also set a discovery hearing for February 27, 2020, at 10:00 a.m. (Id.).

9. Due to a scheduling conflict with government counsel's calendar, the parties seek to continue the hearing currently set for February 27, 2020, at 10:00 a.m. to March 3, 2020, at 10:00 a.m. MARCH 10, 2020 AT 10:00 A.M.

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

Dated this 31st day of January, 2020 RICHARD E. ZUCKERMAN Principal Deputy Assistant Attorney General /s/ Amy MATCHISON AMY MATCHISON (CA SBN 217022) Trial Attorney, Tax Division United States Department of Justice Dated this 31st day of January, 2020 SIDEMAN & BANCROFT LLP By: /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 By: /s/ Denise Mejlszenkier Denise Mejlszenkier Attorneys for Respondent RUSSELL MANSKY

IT IS SO ORDERED.

Source:  Leagle

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