Free Motion to Stay - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

Document 63

Filed 11/09/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-231 T (Chief Judge Damich) ______________________________ JZ Buckingham Investments LLC as Tax Matters Partner of JBJZ Partners, a South Carolina general partnership, Plaintiff, v. United States of America, Defendant.

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EMERGENCY MOTION OF THE UNITED STATES TO STAY EXPERT REPORT DUE DATES UNTIL THE COURT DECIDES THE MOTION OF THE UNITED STATES TO REVISE THE DISCOVERY SCHEDULE The defendant, the United States of America, by its undersigned counsel, hereby moves the Court to stay the due date of the Initial Expert Reports, presently due on November 15, 2006, until after the Court decides the United States' Motion to Revise the Discovery Schedule, Docket Item #58. Should the Court deny the Motion of the United States to Revise the Discovery Schedule in the Case Management Plan, the United States respectfully requests that the Initial Expert Reports be due no sooner than ten days following the Court's Order. Otherwise, the pending motion of the United States to Revise the Discovery Schedule will become, in part, moot. The Government has already notified the Court, Docket Item #62, that the United States District Court for the Southern District of Indiana today granted the identical Emergency Motion of the United States. The United States has contacted Plaintiff's counsel, but Plaintiff's counsel has not yet indicated whether it will consent to or oppose this emergency motion. 2019161.1

Case 1:05-cv-00231-EJD

Document 63

Filed 11/09/2006

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Respectfully submitted, s/ Dennis M. Donohue DENNIS M. DONOHUE Attorney of Record Senior Litigation Counsel U.S. Department of Justice - Tax Division Post Office Box 403 Ben Franklin Station Washington, D.C. 20044 (202) 307-6492

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Case 1:05-cv-00231-EJD

Document 63

Filed 11/09/2006

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CERTIFICATE OF SERVICE I hereby certify that on November 9, 2006, 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 Texas State Bar No. 05144220 Meadows, Owens, Collier, Reed Cousins & Blau, L.L.P. 901 Main Street, Suite 3700 Dallas, Texas 75202 s/ David M. Steiner David M. Steiner Trial Attorney, Tax Division U.S. Department of Justice Post Office Box 55 Ben Franklin Station Washington, D.C. 20044 (202) 307-5892

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