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Stipulation to Extend Time

09-cv-1604-CRB -1-

JOSEPH P. RUSSONIELLO 

United States Attorney

THOMAS M. NEWMAN (NYSBN 4256178)

Assistant United States Attorney

 9th Floor Federal Building

 450 Golden Gate Avenue, Box 36055

 San Francisco, CA 94102

 Telephone: (415) 436-6805

 Fax: (415) 436-6748

Attorneys for the United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

MARSHALL NAIFY REVOCABLE ) No. 09-cv-1604-CRB

TRUST, MICHAEL NAIFY, TRUSTEE, )

SUCCESSOR IN INTEREST TO THE )

ESTATE OF MARSHALL NAIFY, )

) STIPULATION TO EXTEND TIME

Plaintiff, )

)

v. )

)

UNITED STATES OF AMERICA, )

)

Defendant. )

____________________________________)

1. This stipulation is submitted to extend the time for the defendant, the United

States, to file a further reply brief pursuant to this Court’s Order dated February 4, 2010, and the

subsequent Order extending the time for plaintiffs to file a response. (Docket Nos. 20 & 25).

2. The government’s reply brief is currently due on March 19, 2010. The parties

stipulate to extend the time for the reply brief until March 22, 2010. 

3. The reason for the extension is as follows: (1) on March 18, 2010, counsel for the

United States learned that IRS employees were subpoenaed to testify at depositions in a case

unrelated to this matter; (2) the subpoenas, and the underlying state court case, were unknown to

(counsel for) the United states until today, March 18, 2010, and (3) an attorney for the United

States must appear at these depositions to defendant these employees which are scheduled for

tomorrow at a location that is not currently know. For these reasons, the government requests an

Case 3:09-cv-01604-CRB Document 30 Filed 03/23/10 Page 1 of 3
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Stipulation to Extend Time

09-cv-1604-CRB -2-

extension until Monday, March 22, 2010 to file its reply. 

Dated March 18, 2010 Respectfully submitted,

JOSEPH P. RUSSONIELLO 

United States Attorney

/s/ Thomas M. Newman

THOMAS M. NEWMAN

Assistant United States Attorney

Tax Division

Date: March 18, 2010 /s/Thomas F. Carlucci

Attorney for Plaintiffs

FOLEY & LARDNER LLP

One Maritime Plaza, Sixth Floor

San Francisco, CA 94111-3409

Telephone: 415.434.4484

Facsimile: 415.434.4507

Case 3:09-cv-01604-CRB Document 30 Filed 03/23/10 Page 2 of 3
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Stipulation to Extend Time

09-cv-1604-CRB -3-

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

MARSHALL NAIFY REVOCABLE ) No. 09-cv-1604-CRB

TRUST, MICHAEL NAIFY, TRUSTEE, )

SUCCESSOR IN INTEREST TO THE )

ESTATE OF MARSHALL NAIFY, )

) ORDER

Plaintiff, )

)

v. )

)

UNITED STATES OF AMERICA, )

)

Defendant. )

____________________________________)

IT IS SO ORDERED.

_______________________________

CHARLES R. BREYER

U.S. DISTRICT COURT JUDGE

Signed: March 23, 2010

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

Judge Charles R. Breyer

Case 3:09-cv-01604-CRB Document 30 Filed 03/23/10 Page 3 of 3