September 11, 2013
PUBLIC.RESOURCE.ORG., a California non-profit organization, Plaintiff,
UNITED STATES INTERNAL REVENUE SERVICE, Defendant.
THOMAS R. BURKE, (CA State Bar No. 141930), DAVIS WRIGHT TREMAINE LLP, San Francisco, California, DAVID HALPERIN (Admitted Hac Vice) Washington, DC, Attorneys for Plaintiff Public.Resource.Org.
MELINDA HAAG, United States Attorney, KATHRYN KENEALLY, Assistant Attorney General, Tax Division YONATAN GELBLUM, CHRISTOPHER W. SANDERS, Trial Attorneys, Tax Division U.S. Department of Justice, Washington, D.C. Attorneys for Defendant United States Internal Revenue Service.
STIPULATION AND ORDER RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE AND HEARING AND BRIEFING RE DEFENDANT'S MOTION TO DISMISS
WILLIAM H. ORRICK, District Judge.
The parties, through their respective counsel of record, submit the following stipulation and request that the Court issue an order as requested:
WHEREAS, on September 3, 2013, defendant United States Internal Revenue Service ("IRS") filed a Motion to Dismiss ("the Motion");
WHEREAS, the Motion is scheduled for hearing on October 9, 2013, but this date (and other Wednesdays in October) conflict with previously scheduled teaching commitments at the University of California, Berkeley for lead counsel for plaintiff;
WHEREAS, the Initial Case Management Conference in this matter is currently set for September 17, 2013, and counsel for the parties believe that the conference will be more productive if it is held after the Court has ruled on the IRS's Motion;
WHEREAS, in light of these scheduling conflicts, counsel for the parties have agreed to continue the motion hearing to October 23, 2013, and stipulated to a different briefing schedule;
NOW THEREFORE, IT IS HEREBY STIPULATED THAT:
1. The October 9, 2013, hearing on defendant IRS's Motion to Dismiss is continued to October, 23, 2013, at 2:00 p.m. in Courtroom 2 of the above-captioned Court.
2. Opposition papers currently due on September 17, 2013, to be due on September 30, 2013.
3. Reply papers currently due on September 24, 2013, to be due on October 7, 2013.
4. The Initial Case Management Conference scheduled September 17, 2013, is vacated and will be rescheduled by the Court to a date after the Court has ruled on the IRS's Motion to Dismiss.
IT IS SO STIPULATED
Pursuant to the parties' stipulation, and good cause appearing, the foregoing is approved, with the modification that the Initial Case Management Conference shall be continued until November 19, 2013. IT IS SO ORDERED.