Free Motion to Amend Schedule - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

Document 102

Filed 07/31/2007

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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: Final Exhibit and Witness Lists Motion to Exclude/Limit Expert Testimony Discovery Ends Dispositive Motions 2. Deadline August 1, 2007 August 1, 2007 August 31, 2007 October 1, 2007 The Revised Scheduling Order currently provides for the following discovery

The Parties agree that the deadlines for (i) final exhibit and witness lists, (ii)

motions to exclude or limit expert testimony, and (iii) dispositive motions, are untenable under the current end-of-discovery deadline. The Parties further agree that a short extension of the end-of-discovery deadline is necessary and desirable to allow the Parties sufficient time to conduct and evaluate factual discovery.

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 355492

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3.

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 4. Deadline October 1, 2007 October 1, 2007 December 3, 2007 December 3, 2007

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. 5. The Parties further request any additional relief to which they may be entitled.

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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: July 31, 2007

JOINT MOTION TO FURTHER REVISE SCHEDULING ORDER 355492

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CERTIFICATE OF SERVICE I hereby certify that on July 31, 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 355492

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