Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

Document 134

Filed 12/03/2007

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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

PLAINTIFF'S MOTION FOR LEAVE TO FILE UNDER SEAL A SUPPLEMENTAL MEMORANDA IN SUPPORT OF ITS MOTION TO COMPEL J&G AND DEFENDANT Pursuant to the Court's September 7, 2007 Protective Order and its related Stipulation of Protection entered into by the Parties on November 28, 2007, both of which are attached hereto, Plaintiff respectfully requests leave to file, under seal, a Supplemental Memoranda in Support of its Motion to Compel J&G and Defendant to Comply with Rule 30(b)(6) Notices and Order. The Supplemental Memoranda is based on information and documents obtained in the deposition of Jenkens & Gilchrest's counsel, Davis Polk, on November 29, 2007. The items to be sealed include the deposition transcript, an e-mail between the IRS and an attorney at Davis Polk, as well and the Supplemental Memoranda discussing them.

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Case 1:05-cv-00231-EJD

Document 134

Filed 12/03/2007

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Respectfully submitted, By: /s/ Joel N. Crouch Joel N. Crouch State Bar No. 05144220 M. Todd Welty State Bar No. 00788642

MEADOWS, COLLIER, REED, COUSINS & BLAU, L.L.P. 901 Main Street, Suite 3700 Dallas, Texas 75202 (214) 744-3700 Telephone (214) 747-3732 Facsimile [email protected] [email protected] ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF CONFERENCE On December 3, 2007, counsel for the Plaintiff corresponded with counsel for Defendant who indicated that the United States does not oppose to this Motion for Leave.

/s/ Joel N. Crouch JOEL N. CROUCH

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Case 1:05-cv-00231-EJD

Document 134

Filed 12/03/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on December 3, 2007, I served the above and foregoing on the below-listed counsel: David M. Steiner, Esq. (via ECF Notification) United States Department of Justice Tax Division P.O. Box 55 Ben Franklin Station Washington, D.C. 20044 Joseph Pitzinger, Esq. (via ECF Notification) Jonathan Blacker, Esq. United States Department of Justice Tax Division 717 North Harwood Suite 400 Dallas, Texas 75201 Attorneys for the United States Robert J. Wagman, Jr. (via ECF Notification) Baker Botts, L.L.P. The Warner 1299 Pennsylvania Avenue Washington, D.C. 20004-2400 Attorney for Jenkens & Gilchrist

/s/ Joel N. Crouch JOEL N. CROUCH

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