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

Case 1:05-cv-00231-EJD

Document 124

Filed 09/26/2007

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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 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: Discovery Ends Final Exhibit and Witness Lists Motion to Exclude/Limit Expert Testimony Dispositive Motions 2. Deadline October 1, 2007 October 1, 2007 December 3, 2007 December 3, 2007 The Revised Scheduling Order currently provides for the following discovery

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

desirable to allow the Parties sufficient time to conduct and evaluate factual discovery. 3. The Parties also agree that the deadlines for final exhibit and witness lists are

impracticable and should be extended beyond the end-of-discovery deadline to two weeks prior to the Pretrial Conference to provide the Parties additional time to evaluate information obtained through the discovery process.

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 357743

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Case 1:05-cv-00231-EJD

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4.

In light of the foregoing, the Parties respectfully request that the Court further

revise the Revised Scheduling Order to adopt the following discovery deadlines: Discovery Ends Final Exhibit and Witness Lists Motion to Exclude/Limit Expert Testimony Dispositive Motions 5. Deadline November 2, 2007 Two Weeks Prior to the Pretrial Conference January 4, 2008 January 4, 2008

The Parties have further agreed that notwithstanding the above discovery

deadlines, the deposition of Amy Plassio shall be taken on or before December 4, 2007. 6. 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.

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 357743

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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] [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: September 26, 2007

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 357743

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CERTIFICATE OF SERVICE I hereby certify that on September 26, 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 FURTHER REVISE SCHEDULING ORDER 357743

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