Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:06-cv-00245-EJD

Document 40

Filed 01/28/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS Nos. 06-245T, 06-246T, and 06-247T (Consolidated) MURFAM FARMS, LLC, § By and Through Wendell H. Murphy Jr., § a Partner Other Than Tax Matters Partner, § § PSM FARMS, LLC, § By and Through Stratton K. Murphy, § a Partner Other Than Tax Matters Partner, § § MURPHY PORK PARTNERS, LLC, § By and Through Wendell H. Murphy, Jr., § a Partner Other Than Tax Matters Partner, § § Plaintiffs, § § v. § § UNITED STATES OF AMERICA, § § Defendant. § JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER Plaintiffs MURFAM Farms, LLC, PSM Farms, LLC, and Murphy Pork Partners, LLC ("Plaintiffs") and Defendant the United States of America ("Defendant") (collectively the "Parties") jointly move this Court to further revise the discovery deadlines set forth in the Scheduling Order (as revised). In support of this Motion, the Parties show the Court as follows: 1. deadlines: Motion to Exclude/Limit Expert Testimony Dispositive Motions Deadline February 4, 2008 February 4, 2008 The Scheduling Order, as revised, currently provides for the following discovery

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 362785

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2.

The Parties agree that a short extension of these deadlines is necessary and

desirable. Additional time is needed to allow the Parties to resolve the number of discovery disputes still outstanding across the coordinated COBRA cases. As this Court is aware, the plaintiff in JZ Buckingham LLC v. United States, Fed. Cl. No. 05-231T, has filed a motion to compel the deposition of the United States and/or Internal Revenue Service. Plaintiffs believe that such deposition would likely produce information relevant to the motion for partial summary judgment that Plaintiffs intend to file on the validity of Treasury Regulation 1.752-6T (later finalized). 3. The Parties therefore respectfully request that the Court further revise the Revised

Scheduling Order to adopt the following deadlines: Motion to Exclude/Limit Expert Testimony Dispositive Motions 4. Deadline March 7, 2008 March 7, 2008

Simultaneous to the filing of this Joint Motion, the parties of JZ Buckingham LLC

v. United States, Fed. Cl. No. 05-231T, are also filing a joint motion with this Court to adopt discovery deadlines identical to those proposed above. Further, the parties of In re: COBRA Tax Shelters Litigation, 1:05-ml-09727-JDT-WTL, are likewise moving the District Court for the Southern District of Indiana, Indianapolis Division, to adopt identical discovery deadlines.

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 362785

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Respectfully submitted, By: s/Joel N. Crouch Joel N. Crouch Texas State Bar No. 05144220 Anthony P. Daddino Texas State Bar No. 24036434 M. Todd Welty Texas State Bar No. 00788642 Michael E. McCue Texas State Bar No. 13494150

MEADOWS, COLLIER, REED, COUSINS & BLAU, L.L.P. 901 Main Street, Suite 3700 Dallas, Texas 75202 Telephone: (214) 744-3700 Facsimile: (214) 747-3732 [email protected] [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFFS By: s/Dennis M. Donohue by s/Joel N. Crouch Dennis M. Donohue Chief Senior Litigation Counsel

United States Department of Justice Office of Civil Litigation Post Office Box 55 Ben Franklin Station Washington, D.C. 20044 (202) 616-3366 Telephone ATTORNEYS FOR DEFENDANT UNITED STATES OF AMERICA

Dated: January 28, 2008

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CERTIFICATE OF SERVICE I hereby certify that on January 28, 2008, a copy of the foregoing Joint Motion to Further Revise Scheduling Order was served upon counsel listed below via electronic means. Dennis M. Donohue, Esq. United States Department of Justice Tax Division P.O. Box 26 Ben Franklin Station Washington DC 20044 (202) 616-3366

s/Joel N. Crouch Joel N. Crouch

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 362785

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