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

Case 1:05-cv-00748-CCM

Document 110

Filed 03/26/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

STOBIE CREEK INVESTMENTS, LLC, JFW ENTERPRISES, INC., Tax Matters and Notice Partner, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

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No. 05-748T & 07-520T (Judge Miller)

__________________ MOTION OF THE UNITED STATES FOR LEAVE TO SERVE SUBPOENA __________________

Pursuant to Rule 45(b), the United States moves for leave to serve, at a place further than 100 miles from the location of the trial of this case, a subpoena for the trial testimony of Howard S. Allen. Mr. Allen is a custodian of records for Deutsche Bank whose testimony may be necessary to authenticate and establish a foundation for the admissibility of documents produced by Deutsche Bank to the United States in this case. Although the United States has attempted to stipulate with plaintiffs to the authenticity of the documents produced by Deutsche Bank, the plaintiffs have declined to do so. The United States intends to continue its efforts to make such stipulations.

Case 1:05-cv-00748-CCM

Document 110

Filed 03/26/2008

Page 2 of 2

WHEREFORE, the United States prays that this motion be granted, and that the Court issue an order granting the United States leave to serve a subpoena requiring Mr. Allen to testify at trial. Respectfully submitted, s/Stuart D. Gibson Stuart D. Gibson Attorney of Record U.S. Department of Justice Tax Division Office of Civil Litigation Post Office Box 403 Ben Franklin Station Washington D.C. 20044 (202) 307-6586 John A. DiCicco Deputy Assistant Attorney General David Gustafson Chief, Court of Federal Claims Section Cory A. Johnson Trial Attorney Jacob E. Christensen Trial Attorney March 26, 2008 s/Cory A. Johnson Of Counsel

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