United States District Court, N.D. California, San Jose Division
MELINDA HAAG (CABN 132612), United States Attorney, THOMAS MOORE (ALBN 4305-O78T), Chief, Tax Division, MICHAEL G. PITMAN (DCBN 484164), Assistant United States Attorney, Tax Division, San Francisco, CA, Attorneys for the United States of America
JOHN PATRICK McDONNELL, Myers Hawley Morley, Myers & McDonnell, Los Altos, CA, Attorneys for Plaintiff Interior Glass.
STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND AND CONTINUING CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
HOWARD R. LLOYD, Magistrate Judge.
IT IS HEREBY STIPULATED by and between Defendant the United States of America ("United States") and Plaintiff Interior Glass Systems, Inc. ("Plaintiff"), by and through undersigned counsel and pursuant to Fed.R.Civ.P. 16(b)(4) and Local Civil Rule 6-2, that good cause exists and the parties request that the Court continue both the date for the United States to answer or otherwise respond to Plaintiff's Complaint, and the Case Management Conference currently scheduled for March 18, 2014, by approximately 30 days, and state as follows in support:
Plaintiff commenced the instant action on or about December 2, 2013. Upon learning of the Complaint, the Department of Justice contacted the Internal Revenue Service's Office of Chief Counsel and requested the administrative file associated with this case. The Office of Chief Counsel has yet to provide a copy of the administrative file to the Department of Justice. Without the administrative file, counsel for the United States is unable to prepare an adequate response to the Complaint.
Accordingly, the parties hereby stipulate that the United States shall have until March 4, 2014, to answer or otherwise respond to Plaintiff's Complaint, and also that the Case Management Conference currently scheduled for March 18, 2014, be continued until April 15, 2014 at 1:30 pm. The requested extension is not being made for purposes of delay, but to allow for a review of the relevant administrative materials. No party has obtained any previous extensions in this matter.
Upon stipulation of the parties, and for good cause shown, it is hereby ORDERED that the United States of America shall have until March 4, 2014, to answer or otherwise respond to Plaintiff's Complaint.
It is further ORDERED that the Case Management Conference currently scheduled for March 18, 2014, is continued ...