Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

Document 83-2

Filed 05/15/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ) ) ) ) ) ) ) ) ) ) ) )

Case No. 1:05-ml-09727-JDT-WTL M.D.L. Docket No. 1727

In re COBRA TAX SHELTERS LITIGATION ______________________________ THIS DOCUMENT RELATES TO: 1:06-cv-8002-JDT-WTL

PETITIONERS' AGREED MOTION TO EXTEND CASE MANAGEMENT DEADLINES Petitioners Carmel Partners, HNC Ditch Investments LLC, Henry N. Camferdam, JMA Sedgemoor Investments LLC, Jeffrey M. Adams, JM Walnut Investments LLC, Jay S. Michener, CT Oak Tree Investments LLC, and Carol A. Bockelman-Trigilio (collectively, the "Carmel Partners Petitioners") move, with the consent of all other parties, to revise the expert report deadline, expert rebuttal report deadline, and the discovery deadline in the Case Management Plan. In support of their motion, the Carmel Partners Petitioners state: 1. On February 28, 2006, the parties jointly submitted a case management plan that

was approved on March 13, 2006. 2. The case management plan has been revised a number of times, most recently on

April 16, 2007. 3. The present deadline for the parties to exchange initial expert reports is May 15,

2007. This deadline has not expired.

Case 1:05-cv-00231-EJD

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4.

Despite diligent efforts to timely provide expert reports, the Carmel Partners

Petitioners require a brief extension of their deadline to finalize and serve their expert witness reports. 5. An extension of the expert witness report deadline May 15, 2007 until and

including June 1, 2007, is reasonable and appropriate. 6. To accommodate this extension, corresponding extensions of the expert rebuttal

report deadline from June 15, 2007 to July 2, 2007, and of the discovery cutoff from August 15, 2007 to August 31, 2007, are also reasonable and appropriate. 7. Counsel for the taxpayers and the United States in the COBRA cases now being

litigated in the United States Court of Federal Claims will also jointly request that Court for similar extensions in the cases of MURFAM Farms, LLC, et al. v United States, Fed. Cl. Nos. 06245T, 06-256T, and 06-247T (consolidated), as well as the case JZ Buckingham LLC v. United States, Fed. Cl. No. 05-231T. 8. All other parties consent to the relief sought by this motion.

WHEREFORE, the Carmel Partners Petitioners request an order extending the deadlines in the case management order as follows: A. Extending the deadline to furnish an expert report from May 15, 2007 to and

including June 1, 2007; B. Extending the deadline to serve rebuttal expert reports from June 15, 2007 to and

including July 2, 2007; and

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Case 1:05-cv-00231-EJD

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C. 31, 2007.

Extending the discovery deadline from August 15, 2007 to and including August

Respectfully submitted, s/F. Anthony Paganelli ___________________________________ Jackie M. Bennett, Jr. F. Anthony Paganelli Counsel for Carmel Partners Petitioners

SOMMER BARNARD PC One Indiana Square, Suite 3500 Indianapolis, IN 46204 Tel: 317/713-3500 Fax: 317/713-3699 CERTIFICATE OF SERVICE I certify that I electronically filed the foregoing document with the Clerk of the Court on May 15, 2007 using the ECF system which will send notification of such filing to the following: Dennis M. Donohue John A. Lindquist, III David M. Steiner Trial Attorneys, Tax Division U.S. Department of Justice P.O. Box 55 Ben Franklin Station Washington DC 20044 Jeffrey L. Hunter Assistant United States Attorney United States Attorney's Office 10 West Market Street Suite 2100 Indianapolis, IN 46204 Joel N. Crouch Meadows, Collier, Reed, Cousins & Blau, LLP 901 Main Street, Suite 3700 Dallas, TX 75202 Joseph Pitzinger Jonathan Blacker United States Department of Justice 717 N. Hardwood St., Suite 400 Dallas, TX 75201

s/F. Anthony Paganelli _________________________________ F. Anthony Paganelli

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