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

Case 1:05-cv-00231-EJD

Document 83

Filed 05/15/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JZ Buckingham Investments LLC as Tax Matters Partner of JBJZ Partners, a South Carolina general partnership, Plaintiff, v. United States of America, Defendant. § § § § § § § § § §

CASE NO. 05-231 T Chief Judge Edward J. Damich

JOINT MOTION TO REVISE SCHEDULING ORDER Plaintiff JZ Buckingham Investments LLC ("Plaintiff") 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 Revised Scheduling Order. In support of this Motion, the Parties show the Court as follows: 1. On May 15, 2007, Petitioners in Case No. 06-8002, one of the matters pending in

the multi-district litigation of In re COBRA Tax Shelters Litigation, 05-ml-9727-JDT-WTL (S.D. Ind.), moved to amend the discovery schedule for all matters pending in the multi-district litigation as follows: Initial Expert Reports Rebuttal Expert Discovery Ends Due Reports Due May 15, 2007 June 15, 2007 August 15, 2007 June 1, 2007 July 2, 2007 August 31, 2007

Present Deadlines Requested Deadlines

A copy of this motion is annexed hereto. 2. Similarly, the parties in this matter request that the Court adjourn the date of the

Initial Expert Reports to June 1, 2007, the date of the Rebuttal Expert Reports to July 2, 2007, and the date of the End of Discovery to August 31, 2007, so that all of the COBRA cases will continue to be on the same discovery schedule.
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3.

The parties to the multi-district litigation, as well as the parties to JZ Buckingham

v. United States, Fed. Cl. 05-231T and MURFAM Farms, LLC, et al. v. United States, Fed. Cl. Nos. 06-245T, 06-246T, and 06-247T (consolidated) have agreed to withhold all expert reports until the Court handling the multi-district litigation has decided the above-referenced motion and until this Court has decided this motion.

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WHEREFORE, the Parties respectfully request that the Court adjourn the deadlines for the Initial Expert Reports, the Rebuttal Expert Reports, and the Discovery End Date to the requested dates stated above, along with any further relief that the Court deems appropriate.

By:

Respectfully submitted, s/ Joel N. Crouch by s/Dennis M. Donohue _ Joel N. Crouch Texas State Bar No.05144220 M. Todd Welty Texas State Bar No. 00788642 Tara C. Campbell Texas State Bar No. 24043452

MEADOWS, OWENS, COLLIER, REED COUSINS & BLAU, L.L.P. 901 Main Street, Suite 3700 Dallas, TX 75202 (214) 744-3700 Telephone (214) 747-3732 Facsimile [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFF JZ BUCKINGHAM INVESTMENTS LLC By: s/ Dennis M. Donohue Dennis M. Donohue

United States Department of Justice Court of Federal Claims Section Post Office Box 26 Ben Franklin Station Washington, D.C. 20044 (202) 616-3366 Telephone ATTORNEYS FOR DEFENDANT UNITED STATES OF AMERICA Dated: May 15, 2007
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CERTIFICATE OF SERVICE I hereby certify that on May 15, 2007, I electronically filed the foregoing Motion with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Joel N. Crouch MEADOWS, COLLIER, REED COUSINS & BLAU, L.L.P. 901 Main Street, Suite 3700 Dallas, TX 75202

s/ David M. Steiner David M. Steiner

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