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Capital Partners, L.P. v. United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


September 5, 2006

CAPITAL PARTNERS, L.P.; DAVID C. SOWARD, TMP; LEONARD BOSACK AND SANDY LERNER, AKA SANDRA K. LERNER, PLAINTIFFS,
v.
UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY, BY ITS AGENCY, THE INTERNAL REVENUE SERVICE, DEFENDANTS.

The opinion of the court was delivered by: Martin J. Jenkins United States District Judge

STIPULATION TO STAY CASE MANAGEMENT PLAN AND [PROPOSED] ORDER; U.S.D.C.

ORDER

Plaintiffs & Capital Partners, L.P., David C. Soward, Leonard Bosack and Sandy Lerner, by and through their attorneys, and Defendants United States of America, Department of the Treasury, by its agency, the Internal Revenue Service (the "Defendants"), by and through their attorneys, hereby stipulate and agree as follows: WHEREAS, the parties are engaged in settlement discussions and are hopeful of resolving these cases without the necessity of trial; WHEREAS, the Amended Pretrial Orders signed by the Court on or about February 7, 18 2006, as amended, set a cutoff date for non-expert discovery of September 26, 2006 and an October 17, 2006 hearing date for dispositive motions; WHEREAS, all parties to these cases have agreed through counsel that the potential settlement of this case justifies staying non-expert discovery and dispositive motions until after the Settlement Conference on January 18, 2007.

IT IS THEREFORE STIPULATED THAT:

Subject to the Court's approval, the case management plan be stayed until January 27, 2007. Should the case not be resolved, the parties will submit a Joint Case Management Plan on or before February 1, 2007.

IT IS SO ORDERED.

20060905

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