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

Case 1:05-cv-00231-EJD

Document 65

Filed 11/13/2006

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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 April 24, 2006, the Parties submit this Joint Status Report: 1. On October 12, 2006, Defendant, by motion, requested that the Court conform the

discovery and expert witness report due dates with those of the recently filed Murphy1 cases. Plaintiff has opposed this motion. Defendant made a similar motion in the COBRA cases pending in the Multi-District Litigation pending in the United States District Court for the Southern District of Indiana sub nom In re COBRA Tax Shelters Litigation, 05-9727 (S.D.Ind.). Defendant also made an emergency motion in both Courts for an Order staying the Initial Expert Report Due Date of November 15 until the Courts decide the underlying motion and, should the Courts deny the underlying motion, that the Initial Expert Report Due Date be stayed until ten days after such denial. On November 9, the Southern District of Indiana granted Defendant's emergency motion. On November 10, this Court granted Defendant's emergency motion.

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 65

Filed 11/13/2006

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2.

On October 31, 2006, Plaintiff filed a motion challenging the sufficiency of the

Government's responses to Plaintiff's first set of Requests for Admissions. The Defendant will oppose this motion on or before November 17, 2006. 3. On September 15, 2006, the Plaintiffs served on Defendant Plaintiff's Third Set of

Interrogatories. The Defendant served their response on October 24, 2006. 4. On November 10, 2006 the Plaintiffs served on Defendant Plaintiff's Third Set of

Requests for Production. 5. 6. The parties continue to exchange written discovery. The week of October 30th, the Defendant took the depositions of three

individuals, all current or former employees of Ernst & Young. 7. The week of November 6th, the Defendant took the depositions of four

individuals, all current or former employees of Ernst & Young. 8. The Defendant continues to notice depositions of current or former employees of

Ernst & Young.

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Case 1:05-cv-00231-EJD

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Respectfully submitted,

By:

s/Joel N. Crouch 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 s/w/p by Joel N. Crouch 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: November 13, 2006

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