Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

Document 153

Filed 01/28/2008

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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. deadlines: Motion to Exclude/Limit Expert Testimony Dispositive Motions 2. Deadline February 4, 2008 February 4, 2008 The Revised Scheduling Order currently provides for the following discovery

The Parties agree that a short extension of these deadlines is necessary and

desirable. Additional time is needed to allow the Parties and this Court to resolve the number of discovery disputes still outstanding. In particular, Plaintiff believes that its deposition of the United States/Internal Revenue Service, if permitted, would likely produce information relevant to the motion for partial summary judgment that Plaintiff intends to file on the validity of Treasury Regulation 1.752-6T (later finalized).

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 362710

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Case 1:05-cv-00231-EJD

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3.

The Parties therefore respectfully request that the Court further revise the Revised

Scheduling Order to adopt the following deadlines: Motion to Exclude/Limit Expert Testimony Dispositive Motions 4. Deadline March 7, 2008 March 7, 2008

Simultaneous to the filing of this Joint Motion, the parties of MURFAM Farms,

LLC v. United States, Fed. Cl. Nos. 06-245T, 06-246T, and 06-247T (consolidated) are also filing a joint motion with this Court to adopt discovery deadlines identical to those proposed above. Further, the parties of In re: COBRA Tax Shelters Litigation, 1:05-ml-09727-JDT-WTL, are likewise moving the District Court for the Southern District of Indiana, Indianapolis Division, to adopt identical discovery deadlines. Respectfully submitted, By: s/Joel N. Crouch Joel N. Crouch Texas State Bar No.05144220 M. Todd Welty Texas State Bar No. 00788642

MEADOWS, 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]

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 362710

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ATTORNEYS FOR PLAINTIFF JZ BUCKINGHAM INVESTMENTS LLC By: s/Dennis M. Donohue by s/Joel N. Crouch Dennis M. Donohue Chief Senior Litigation Counsel

United States Department of Justice Office of Civil Litigation Post Office Box 55 Ben Franklin Station Washington, D.C. 20044 (202) 616-3366 Telephone ATTORNEYS FOR DEFENDANT UNITED STATES OF AMERICA Dated: January 28, 2008

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 362710

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CERTIFICATE OF SERVICE I hereby certify that on January 28, 2008, a copy of the foregoing Joint Motion to Revise Discovery Schedule was served upon counsel listed below via electronic means. Dennis M. Donohue, Esq. Trial Attorney United States Department of Justice Tax Division P.O. Box 26 Ben Franklin Station Washington DC 20044 (202) 616-3366

s/Joel N. Crouch Joel N. Crouch

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 362710

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