Free Notice (Other) - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

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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. __________________________ SECOND NOTICE OF ORDER ON UNITED STATES' MOTION TO ENLARGE DISCOVERY LIMITS IN MDL LITIGATION
PLEASE TAKE NOTICE THAT on April 20, 2006, the United States District Court for the Southern District of Indiana Granted in Part and Denied in Part the United States' Motion to Enlarge Discovery limits. A copy of this Order is annexed hereto. The United States had requested that it be allowed to take 99 depositions in the COBRA matters and that it be allowed to serve 150 interrogatories per case. The Court granted the United States' request to take 99 depositions in the COBRA matters, but limited the number of interrogatories to100 per case. On October 3, 2005, the United States filed a similar motion for enlargement of discovery limits with this Court. By Order dated December 19, 2005, this Court stayed this case pending a decision by the Court for the Southern District of Indiana on the enlargement motion with respect to the COBRA cases consolidated before that Court by the Judicial Panel on MultiDistrict
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Case 1:05-cv-00231-EJD

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Litigation. By Order dated April 17, 2006, this Court ordered that ""[t]he Parties shall notify the Court when a decision is rendered on Defendant's Motion to Expand Discovery Limits in In re COBRA Tax Shelter Litigation, 1:05-ml-9727-JDT-WTL." The United States files this Notice in conformance with that Order. PLEASE TAKE FURTHER NOTICE THAT during the oral argument on the motion held on April 18, 2006, the United States represented to the Magistrate Judge for the Southern District of Indiana that the 99-deposition limit we were seeking would apply not only to the three cases in the MDL litigation, but also to the four COBRA cases pending in the Court of Federal Claims, consisting of the instant action and the three new COBRA cases which counsel for Plaintiff in JZ Buckingham filed in this Court on March 28, 2006 since these four cases also involve the same issues and virtually the same third parties as in the MDL litigation. The three new COBRA matters are: 1. MURFAM Farms, LLC, by and through Wendell H. Murphy, Jr. v. United States, Fed. Cl. No. 06-245T-MBH; 2. PSM Farms, LLC, by and through Stratton K. Murphy v. United States, Fed. Cl. No. 06-246T-MBH; and 3. Murphy Pork Partners, LLC, by and through Wendell H. Murphy, Jr. v. United States, Fed. Cl. No. 06-247T-EGB.

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Respectfully submitted, s/ Dennis M. Donohue DENNIS M. DONOHUE Attorney of Record U.S. Department of Justice - Tax Division Post Office Box 403 Ben Franklin Station Washington, D.C. 20044 (202) 307-6492 EILEEN J. O'CONNOR Assistant Attorney General MILDRED L. SEIDMAN Chief, Court of Federal Claims Section DAVID GUSTAFSON Assistant Chief

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Case 1:05-cv-00231-EJD

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CERTIFICATE OF SERVICE I hereby certify that on May 2, 2006, I electronically filed the foregoing Notice 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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