1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

Third Stipulation and [Proposed] Order to Extend the Discovery Period

CHARLES P. RETTIG, State Bar No. 97848

STEVEN TOSCHER, State Bar No. 91115

AVRAM SALKIN, State Bar No. 30412

EDWARD M. ROBBINS, JR., State Bar no. 82696

SHARYN M. FISK, State Bar No. 199898

Hochman Salkin Rettig Toscher & Perez, P.C.

9150 Wilshire Boulevard, Suite 300

Beverly Hills, CA 90212

Phone: 310/281-3200

Fax: 310/859-1430

E-Mail: sf@taxlitigator.com

JOSEPH P. RUSSONIELLO

United States Attorney

THOMAS M. NEWMAN

Assistant United States Attorney

HENRY C. DARMSTADTER

JAMES E. WEAVER

STEVEN P. JOHNSON

ADAM D. STRAIT

Trial Attorneys, Tax Division

U.S. Department of Justice

P.O. Box 683, Ben Franklin Station

Washington, DC 20044-0683

Telephone: 202/307-6481

Facsimile: 202/307-0054

E-Mail: henry.c.darmstadter@usdoj.gov

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SANTA CLARA VALLEY HOUSING ) Case No. 08-cv-05097-JW

GROUP, INC. and KRISTEN M. )

BOWES, ) THIRD STIPULATION AND

) [PROPOSED] ORDER TO EXTEND

Plaintiffs, ) THE DISCOVERY PERIOD AND

) OTHER PRETRIAL DATES

v. )

)

UNITED STATES OF AMERICA, )

)

Defendant. )

____________________________________)

Plaintiffs Santa Clara Valley Housing Group, Inc. (“SCVHG”) and Kristen M. Bowes

(collectively, “Plaintiffs”), and Defendant the United States of America (“United States”), by and

through their counsel, pursuant to Civil Local Rule 6-2, jointly stipulate that the discovery period

and other pretrial dates established by the Court in its Order to Extend the Discovery Period and

Other Pretrial Dates (docket entry #30) should be extended for an additional forty-five (45) day

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

AS MODIFIED

Judge James Ware

7/1/2010

Case 3:08-cv-05097-WHA Document 32 Filed 07/01/10 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

Third Stipulation and [Proposed] Order to Extend the Discovery Period

period in order to provide the parties with sufficient time to complete fact and expert discovery.

This income tax refund suit is the first SC2 tax transaction to be litigated in the Federal

District Court. As a significant case of first impression, this action requires substantial additional

fact discovery to prepare the matter for trial. In addition, both parties believe it is advisable to

conduct further fact discovery before the designation of expert witnesses.

During the discovery period to date, the parties have exchanged (or received from third

parties) thousands of pages of documents and have taken numerous oral depositions throughout

the State of California as well as in Arizona, Illinois and Washington, D.C. 

In the next several months, the United States anticipates taking additional oral depositions

of current or former KPMG employees and other individuals and entities involved in the subject

transaction. The Plaintiffs also intend to take additional oral depositions of other individuals and

entities involved in the subject transaction. Both parties intend to designate experts in this action

and anticipate filing dispositive motions at the close of discovery. 

Therefore, the parties jointly stipulate and request that the Case Schedule should be

modified as follows:

Deadline to Designate Expert Witnesses: August 23, 2010

Preliminary Pretrial and Trial Conference

Statement and Proposed Pretrial Order Due: September 10, 2010

Preliminary Pretrial Conference: September 20, 2010, 11:00 a.m.

(Suggested date)

Close of Fact Discovery October 15, 2010

Disclosure of Rebuttal Experts: October 22, 2010

Close of Expert Discovery December 15, 2010

Deadline to file and serve Notice of Motion

to Exclude expert testimony or portion

thereof: January 11, 2011

Deadline to file dispositive motions: January 11, 2011

Deadline to file responses to dispositive motions: February 11, 2011

/ / /

/ / /

 

Case 3:08-cv-05097-WHA Document 32 Filed 07/01/10 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

Third Stipulation and [Proposed] Order to Extend the Discovery Period

Deadline to file replies to responses to

dispositive motions: March 11, 2011

Last date for hearing dispositive motions: March 21, 2011

Respectfully submitted this 29th day of June, 2010.

JOSEPH P. RUSSONIELLO HOCHMAN, SALKIN, RETTIG, TOSCHER

United States Attorney & PEREZ, P.C.

THOMAS M. NEWMAN

Assistant United States Attorney ____/s/_______________________________

CHARLES P. RETTIG

STEVEN TOSCHER

___/s/_____________________ AVRAM SALKIN

HENRY C. DARMSTADTER EDWARD M. ROBBINS, JR.

JAMES E. WEAVER SHARYN M. FISK

STEVEN P. JOHNSON Hochman, Salkin, Rettig, Toscher & Perez, P.C.

ADAM D. STRAIT 9150 Wilshire Boulevard, Suite 300

Trial Attorneys, Tax Division Beverly Hills, CA 90212-3414

U.S. Department of Justice Telephone: 310/281-3200

P.O. Box 683, Ben Franklin Station Facsimile: 310/281-1430

Washington, D.C. 20044-0683 Rettig@taxlitigator.com

Telephone: 202/307-6481 Toscher@taxlitigator.com

Facsimile: 202/307-0054 Salkin@taxlitigator.com

henry.c.darmstadter@usdoj.gov Robbins@taxlitigator.com

Fisk@taxlitigator.com

Attorneys for Defendant United States

Attorneys for Plaintiffs Bowes and Santa Clara

Valley Housing Group

PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.

Dated this ___ day of _______, 2010 ____________________________________

HON. JAMES WARE

UNITED STATES DISTRICT JUDGE

300968.1

at 9:00 AM This is a final continuance. 1st July

Case 3:08-cv-05097-WHA Document 32 Filed 07/01/10 Page 3 of 3