Baxter v. U.S., 15-cv-04764-YGR. (2016)
Court: District Court, N.D. California
Number: infdco20160226g08
Visitors: 6
Filed: Feb. 26, 2016
Latest Update: Feb. 26, 2016
Summary: ORDER REQUIRING SUPPLEMENTAL BRIEFING; AMENDING BRIEFING SCHEDULE RE: DKT. NO. 24 YVONNE GONZALEZ ROGERS , District Judge . On February 22, 2016, the government 1 filed a motion to alter or amend the judgment of this Court. (Dkt. No. 24.) Therein the government argues, inter alia , that this Court is without jurisdiction to order an in camera review of documents produced pursuant to the Summons for 2011 and Summons for 2012. ( See id. ) The government's motion fails to identify the leg
Summary: ORDER REQUIRING SUPPLEMENTAL BRIEFING; AMENDING BRIEFING SCHEDULE RE: DKT. NO. 24 YVONNE GONZALEZ ROGERS , District Judge . On February 22, 2016, the government 1 filed a motion to alter or amend the judgment of this Court. (Dkt. No. 24.) Therein the government argues, inter alia , that this Court is without jurisdiction to order an in camera review of documents produced pursuant to the Summons for 2011 and Summons for 2012. ( See id. ) The government's motion fails to identify the lega..
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ORDER REQUIRING SUPPLEMENTAL BRIEFING; AMENDING BRIEFING SCHEDULE RE: DKT. NO. 24
YVONNE GONZALEZ ROGERS, District Judge.
On February 22, 2016, the government1 filed a motion to alter or amend the judgment of this Court. (Dkt. No. 24.) Therein the government argues, inter alia, that this Court is without jurisdiction to order an in camera review of documents produced pursuant to the Summons for 2011 and Summons for 2012. (See id.)
The government's motion fails to identify the legal basis upon which the IRS is entitled to documents protected by the attorney-client privilege. See Highland Capital Mgt., L.P. v. United States, 2015 WL 5692377, at *3 (2d Cir. Sept. 29, 2015) (holding that a district court's failure to consider attorney-client privilege on motion to quash third-party IRS summons constitutes error).
The government is ORDERED to file a supplemental brief on this topic not to exceed three (3) pages no later than March 8, 2016. The briefing schedule on the motion is AMENDED as follows: the Baxters' response to the government's motion and supplemental brief is due by March 22, 2016, and the government's reply is due by March 29, 2016.
IT IS SO ORDERED.
FootNotes
1. All terms herein have the same meaning as defined in this Court's order on the Baxters' petition to quash. (Dkt. No. 22.)
Source: Leagle
