STIPULATION AND PROPOSED ORDER EXTENDING DEADLINES
JAMES WARE, District Judge.
Pursuant to Civil Local Rule 6-2, Respondent requests an extension of deadlines contained in the Court's July 6, 2011 Order Vacating Case Management Conference; Setting Schedule (Dkt. No. 127)1. Petitioners have agreed not to object to Respondent's request on the condition that discovery will not be interrupted or delayed by this extension. In support of this request Respondent submits the following:
1. The Court's July 6, 2011 Order established the following deadlines and court dates:
Disclosure of Expert Witnesses November 14, 20112
(63 days prior to close of discovery)
Disclosure of Rebuttal Experts November 25, 2011
(49 days prior to close of discovery)
Preliminary Pretrial Conference Statements December 2, 2011
(10 days before Preliminary Pretrial Conference)
Preliminary Pretrial Conference December 12, 2011
(app. 30 days before the close of discovery)
Last Date for Hearing Motions to Exclude Expert Testimony December 19, 20113
(42 days after both expert and rebuttal expert disclosures on a
Monday)
Close of All Discovery January 13, 2012
Last Date for Hearing Dispositive Motions March 12, 2012
(appr. 60 days after close of discovery)
Dkt. No. 127.
2. Lead counsel for the United States, Stuart Gibson, is also lead counsel for the Government in V.I. Derivatives, LLC v. United States, Case No. 3:06-cv-00012 (V.I.) and VIFX, LLC, v. United States, Case No. 3:06-cv-00013 (V.I.). Decl. of Stuart Gibson, attached hereto, at ¶ 2. These cases will be tried in the Virgin Islands beginning on December 12, 2011, the date currently set for the Preliminary Pretrial Conference in this matter. Id. at ¶ 3. The Court in these cases has made it clear that the trial date will not be moved. Id. at ¶ 4.
3. Counsel for the United States, Adair Boroughs, is currently more than seven months pregnant and will be on maternity leave from approximately early November 2011 until late January 2012. Decl. of Adair Boroughs, attached hereto, at ¶ 2. Her doctor has recommended that she not fly during October 2011, the last month of her pregnancy. Id. at ¶ 3.
4. Respondent requests that the deadlines and Court dates contained in the Court's July 6, 2011 Order be extended by approximately four months, resulting in the following schedule:
Disclosure of Expert Witnesses March 12, 2012
(63 days prior to close of discovery)
Disclosure of Rebuttal Experts March 26, 2012
(49 days prior to close of discovery)
Preliminary Pretrial Conference Statements April 6, 2012
(10 days before Preliminary Pretrial Conference)
Preliminary Pretrial Conference April 16, 2012
(app. 30 days before the close of discovery)
Last Date for Hearing Motions to Exclude Expert Testimony May 7, 2011 2012
(42 days after both expert and rebuttal expert disclosures on
a Monday)
Close of All Discovery May 14, 2012
Last Date for Hearing Dispositive Motions July 16, 2012
(appr. 60 days after close of discovery)
5. Respondent has agreed that its request will not be used to delay discovery in any fashion, and that the parties may conduct discovery under the Federal Rules of Civil Procedure at any time during the discovery period.
Previous Time Modifications
6. This Court previously granted stipulated requests to extend time to file answers in some of these related cases. Shasta Strategic Investment Fund, LLC v. United States, Case No. 04-4264 (N.D. Cal.), Dkt. Nos. 13, 18; Belford Strategic Investment Fund, LLC v. United States, Case No. 04-4309 (N.D. Cal.), Dkt. Nos. 8, 11; Princeton Strategic Investment Fund, LLC v. United States, Case No. 04-4310 (N.D. Cal.), Dkt. Nos. 11, 15; Sanford Strategic Investment Fund, LLC v. Untied States, Case No. 04-4398 (N.D. Cal.), Dkt. Nos. 9, 12; Olympus Strategic Investment Fund, LLC v. United States, Case No. 04-4399 (N.D. Cal.), Dkt. Nos. 9, 13; Sill Strategic Investment Fund, LLC v. United States, Case No. 04-4964 (N.D. Cal.), Dkt. Nos. 10,13.
7. This Court previously granted Petitioners' Motion to Shorten Time to Hear Motion to Compel 30(b)(6) Deposition. Dkt. No. 48.
8. This Court granted Respondent's motion to stay these related cases on November 7, 2005, due to parallel criminal proceedings. Dkt. No. 95. This Court grated a subsequent motion to stay these related cases on October 2, 2006. Dkt. No. 103. This Court lifted the stay on June 9, 2011. Dkt. No. 124.
9. This Court previously granted a stipulated request to enlarge time for briefing in response to Respondent's Motion for Summary Judgment in Princeton Strategic Investment Fund, LLC v. United States, Case No. 04-4310 (N.D. Cal.). Princeton, Dkt. No. 37.
Effect on the Schedule for the Case
10. The requested extension would extend all deadlines in the case by approximately four months.
NOW, THEREFORE, IT IS AGREED AND STIPULATED by the parties, subject to an order of the Court that the deadlines and Court dates contained in the Court's July 6, 2011 Order be extended by approximately four months, resulting in the following schedule:
Disclosure of Expert Witnesses March 12, 2012
(63 days prior to close of discovery)
Disclosure of Rebuttal Experts March 26, 2012
(49 days prior to close of discovery)
Preliminary Pretrial Conference Statements April 6, 2012
(10 days before Preliminary Pretrial Conference)
Preliminary Pretrial Conference April 16, 2012
(app. 30 days before the close of discovery)
Last Date for Hearing Motions to Exclude Expert Testimony May 7, 2011 2012
(42 days after both expert and rebuttal expert disclosures on
a Monday)
Close of All Discovery May 14, 2012
Last Date for Hearing Dispositive Motions July 16 9, 2012
(appr. 60 days after close of discovery)
PURSUANT TO STIPULATION, IT IS SO ORDERED.
CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that service of the foregoing STIPULATION AND PROPOSED ORDER EXTENDING DEADLINES, along with the attached Declarations of Stuart Gibson and Adair Boroughs, has been made this 23rd day of September 2011, upon the following by ECF:
David A. York
Latham & Watkins
David.York@lw.com
Steven Baur
Latham & Watkins
Steve.Baur@lw.com
Margaret Tough
Latham & Watkins
Margaret.Tough@lw.com
Attorneys for Petitioners
Martin A. Schainbaum
schainbm@taxwarrior.com
Attorney for Intervenors Voltaire, LLC, Tom Gonzales, and Birch Ventures, LLC
William E. Taggart, Jr.
Taggart & Hawkins
wetaggart@tagghawk.com
Attorney for Intervenors R. Cary McNair, Kathryn N. McNair, Peter Adkison, and Salmon Ventures, LLC
Joseph Depew
Sutherland Asbill & Brennan, LLP
joe.depew@sutherland.com
N. Jerold Cohen
Sutherland Asbill & Brennan, LLP
jerry.cohen@sablaw.com
Attorneys for Intervenor Salmon Ventures, LLC
and upon the following by
US Mail:
Thomas E. Redding
Redding & Associates, PC
2914 West T.C. Jester Blvd.
Houston, TX 77018
Attorney for Intervenors R. Cary McNair and Kathryn McNair
John M. Colvin
Chicoine & Hallett PS
719 2nd Avenue, Suite 425
Seattle, WA 98104
Attorney for Intervenor Peter Adkison
Adair F. Boroughs
Trial Attorney, Tax Division
