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

Case 1:05-cv-00231-EJD

Document 144

Filed 12/19/2007

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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 MOTION TO EXTEND DEADLINE Plaintiff JZ Buckingham Investments LLC ("Plaintiff") and Defendant the United States of America ("Defendant") (collectively the "Parties") jointly move this Court to extend the deadline for Plaintiff's Reply and Response to Defendant's Cross Motion. 1. On November 2, 2007, Plaintiff filed a Motion to Compel Defendant to Produce

Certain Information Pursuant to this Court's Opinion of August 9, 2007 ("Motion to Compel"). The dispute involves the discovery of information regarding how the IRS calculated the $76 million civil penalty against Jenkens & Gilchrist in connection with the firm's role in COBRA and other transactions. 2. Defendant timely filed its Response to Plaintiff's Motion to Compel on December

3, 2007, and further moved this Court for a protective order against Plaintiff's Rule 30(b)(6) Notice to depose the United States and an order to quash the subpoena accompanying the deposition notice ("Cross Motion"). 3. The deadline for Plaintiff's Reply and Response to Defendant's Cross Motion is

December 20, 2007 (the "Deadline").

JOINT MOTION TO EXTEND DEADLINE 361333

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Case 1:05-cv-00231-EJD

Document 144

Filed 12/19/2007

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4.

The Parties agree that an extension of the Deadline is necessary and desirable, and

therefore request that the Court grant a short extension of the Deadline to January 10, 2008. 5. The Parties' request for additional time is for cause and not for purposes of delay. 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, 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] 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: December 19, 2007
JOINT MOTION TO EXTEND DEADLINE 361333 Page 2

Case 1:05-cv-00231-EJD

Document 144

Filed 12/19/2007

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CERTIFICATE OF SERVICE I hereby certify that on December 19, 2007, 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 EXTEND DEADLINE 361333

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