Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:07-cv-00764-ECH

Document 11

Filed 04/24/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) CWC PARTNERSHIP I, BY AND THROUGH ) RICHARD E. SANDS, TAX MATTERS ) PARTNER, ) Plaintiff, ) ) v. ) 07-764 T ) (Judge Hewitt) THE UNITED STATES, ) ) Defendant. ) __________________________________________) PLAINTIFF'S MOTION TO EXTEND TIME TO FILE A JOINT PRELIMINARY STATUS REPORT Plaintiff, CWC Partnership I ("CWC"), moves for an enlargement of time of 90 days, from April 24, 2008 to July 23, 2008 to file its joint preliminary status report with defendant in this matter. In support thereof, plaintiff states as follows: Following the filing of the Government's Answer in this matter, the parties, by and through their counsel, met to discuss the items outlined in Subsections II and III (paragraphs 3, 4 and 5) of RCFC Appendix A. In their discussion, the parties realized that their responses to the items outlined in RCFC Appendix A will likely be affected by their consideration of the effect of the recent concession by plaintiffs in the consolidated cases Alpha I, L.P. v. United States, 06-407 T pending in this Court and will potentially be affected by the outcome of motions in pending Tax Court actions (Richard E. and Jennifer L. Sands v. Commissioner, Docket No. 25311-07; Robert S. and J. Nancy Sands v. Commissioner, Docket No. 25312-07; Marilyn A. Sands v. Commissioner, Docket No.

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Case 1:07-cv-00764-ECH

Document 11

Filed 04/24/2008

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25313-07) to be argued on May 6, 2008.1 The parties have been unable to determine at this time whether this case should be consolidated with the Alpha cases, whether plaintiffs' concession in the Alpha cases will narrow the issues to be considered in this case, whether this case should be stayed pending the outcome of any of the other aforementioned cases, and whether any discovery will be necessary in this case. Because of the myriad of considerations arising from the other related, pending actions, plaintiff requests that the Court allow the parties to file a joint preliminary status report addressing each issue in RCFC Appendix A after they are able to determine the effects of these other issues on this case. Plaintiff requests that the Court allow the parties to file their joint preliminary status report within 90 days, on or before July 23, 2008, to allow the parties to determine the effects of the related pending cases on this case and the issues to be decided by the Court. Plaintiff has discussed this motion with defendant, and plaintiff's understanding is that defendant also desires that the Court grant this motion for an extension of time to file a joint preliminary status report. Plaintiff attempted to contact defendant, leaving several messages throughout the afternoon and evening, to confirm defendant's agreement with this motion as filed. However, without hearing from defendant, plaintiff was unable to confirm that defendant agrees with every statement herein or joins in this motion before the deadline for filing.

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Plaintiff notes that the pending motions in the Tax Court cases are a motion to dismiss for lack of jurisdiction and a motion to restrain assessment and collection, and plaintiff intends to bring similar motions in this action.

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Case 1:07-cv-00764-ECH

Document 11

Filed 04/24/2008

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Respectfully submitted, /s Lewis S. Wiener LEWIS S. WIENER Sutherland, Asbill & Brennan 1275 Pennsylvania Ave., N.W. Washington, D.C. 20004 Tel.: (202) 383-0140 Fax: (202) 637-3593 Email: [email protected] Of Counsel: N. Jerold Cohen Thomas A. Cullinan Joseph M. DePew Julie P. Bowling Sutherland Asbill & Brennan LLP 999 Peachtree Street, N.E. Atlanta, Georgia 30309 (404) 853-8000 (404) 853-8806 (fax) Kent L. Jones Sutherland, Asbill & Brennan 1275 Pennsylvania Ave., N.W. Washington, D.C. 20004 Tel.: (202) 383-0732 Fax: (202) 637-3593 Attorney for Plaintiffs April 24, 2008

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