Free Joint Status Report - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

Document 77

Filed 02/12/2007

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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 STATUS REPORT In conformance with the Court's Order dated December 19, 2005, the Parties submit this Joint Status Report: 1. On November 21, 2006, the Court granted Defendant's motion to conform the

discovery and expert witness report due dates with those of Murphy1 cases ordered that Initial Expert Reports be due on May 1, 2007, that Rebuttal Expert Reports be due on June 1, 2007, and that both Fact and Expert Discovery ends on August 1, 2007. 2. On February 2, 2007, the Court granted the parties joint motion, filed February 1,

2007, clarifying that the final Joint Status Report is due on August 15, 2007, and that Dispositive Motions are due October 1, 2007. 3. Plaintiff's motion challenging the sufficiency of the Government's responses to

Plaintiff's first set of Requests for Admissions is currently pending before the Court. Defendant filed a Response to Plaintiff's motion on November 29, 2006 and Plaintiff filed a reply on December 15, 2006.

The Murphy cases are MURFAM Farms, LLC, v. United States, Fed. Cl. No. 06-245T, PSM Farms, LLC, v. United States, Fed. Cl. No. 06-246 T, and Murphy Pork Partners, LLC, v. United States, Fed. Cl. No. 06-247 T.
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Case 1:05-cv-00231-EJD

Document 77

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4.

On November 10, 2006, Plaintiff served on Defendant Plaintiff's Third Set of

Requests for Production. Defendant served its Response on December 12, 2006. 5. The parties continue to exchange written discovery. For example, Deutsche

Bank, in productions on November 14, 2006, and January 18, 2007, turned over almost 200,000 pages of documents to the United States in response to the subpoena of the United States dated January 11, 2006. The United States has turned over these documents to opposing counsel. 6. The week of November 15, Defendant took the deposition of two employees of

Ernst & Young and two employees of Deutsche Bank. 7. The week of November 27, Defendant took the deposition of three employees of

Ernst & Young. 8. The week of December 5, Defendant took the depositions of four employees of

Ernst & Young. 9. Defendant continues to notice depositions of current or former employees of Ernst

& Young and Deutsche Bank.

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Case 1:05-cv-00231-EJD

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Respectfully submitted,

By:

s/Joel N. Crouch s/w/p/ by Dennis 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: February 12, 2007
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