Free Joint Case Management Statement - District Court of California - California

Case 3:07-cv-05046-CRB

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SCOTT SCHOOLS (SCBN 9990) United States Attorney THOMAS MOORE (ASBN 4305-078T) Assistant United States Attorney Chief, Tax Division CYNTHIA STIER (DCBN 423256) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7000 Attorneys for United States of America IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION FLETCHER H. HYLER, Plaintiff, v. UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 07-05046 CRB

JOINT CASE MANAGEMENT STATEMENT and [proposed] ORDER Date: January 11, 2008 Time: 8:30 a.m. Place: Federal Building San Francisco 19th Floor Courtroom 8

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Plaintiff, Fletcher H. Hyler, and Defendant, United States of America, submit this joint 20 case Management Statement and Proposed Order and request the Court to adopt it as its Case 21 Management Order in this case. 22 DESCRIPTION OF THE CASE 23 1. 24 a. 25 Plaintiff filed this action seeking a refund of taxes paid toward a Trust Fund 26 Recovery Penalty assessed against him with respect to the unpaid federal employment taxes of 27 28
Joint Case Management Statement and [proposed] Order, C:07-05046-CRB

A brief description of the events underlying the action: Plaintiff and Defendant

Case 3:07-cv-05046-CRB

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Logical Marketing, Inc. for all tax quarters in 1996 and the first tax quarter of 1997. The United States filed a Motion to Dismiss this action pursuant to Rule 12(b)(1) of the Fed.R.Civ.P. which is scheduled for hearing on January 25, 2008. 2. The principal factual issues which the parties dispute: Defendants are not aware of any factual disputes. 3. The principal legal issues which the parties dispute: Whether Plaintiff timely filed his action within the limitations period for filing a refund suit? 4. The other factual issues [e.g. service of process, personal jurisdiction, subject

matter jurisdiction or venue] which remain unresolved for the reason stated below and how the parties propose to resolve those issues: None. 5. The parties which have not been served and the reasons: None. 6. The additional parties which the below-specified parties intend to join and

the intended time frame for such joinder: None. 7. The following parties consent to assignment of this case to a United States

Magistrate Judge for [court or jury] trial: a. Plaintiff Plaintiff does not consent to assignment to a United States Magistrate for trial. b. Defendants Defendant does not consent to assignment to a United States Magistrate for trial. // //

Joint Case Management Statement and [proposed] Order, C:07-05046-CRB

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ALTERNATIVE DISPUTE RESOLUTION Please indicate the appropriate responses. The case was automatically assigned to Nonbinding Arbitration at filing and will be ready for the hearing by (date) Not applicable. The parties have filed a Stipulation and Proposed Order Selecting an ADR Process (specify process): Not applicable. The parties filed a Notice of Need for ADR Phone Conference and the phone conference was held on or is scheduled for Not applicable. The parties have not filed a Stipulation and Proposed Order Selecting an ADR Process and the ADR process that the parties joint request [or a party separately requests] is Not applicable. Please indicate any other information regarding ADR process or deadline. Parties Because the United States has filed a Motion to Dismiss, assignment to an ADR process at this time would not be appropriate. In the event the Court denies the United States' Motion, the United States will promptly advise the Court as to its request for assignment to an appropriate ADR process. DISCLOSURES The parties certify that they have made the following disclosures [list . . . .

disclosures of persons, documents, damage computations and insurance agreements]: The parties agree that initial disclosures will be made within a reasonable time after the hearing on the Motion to Dismiss scheduled for January 25, 2008, if necessary. //
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DISCOVERY The parties agree to the following discovery plan [Describe the plan e.g., any

limitation on the number, duration or subject matter for various kinds of discovery; discovery from experts; deadlines for completing discovery]: a. Parties Because the United States has filed a Motion to Dismiss, the parties do not propose a discovery plan at this time. In the event the Court denies the United States' Motion, the parties will promptly propose a discovery plan to the Court. TRIAL SCHEDULE The parties request a trial date as follows: The United States does not request a trial date at this time as it believes that this case will be dismissed for lack of subject matter jurisdiction. In the event the Court denies the United States' Motion, the United States will promptly advise the Court as to an appropriate trial date. 13. The parties expect that the trial will last for the following number of days: Not applicable at this time.

Respectfully submitted, SCOTT SCHOOLS United States Attorney /s/ Cynthia Stier CYNTHIA STIER Assistant U.S. Attorney Attorneys for the United States of America /s/ Wesley T. Umeda WESLEY T. UMEDA Attorney for Plaintiff, Fletcher H. Hyler

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Joint Case Management Statement and [proposed] Order, C:07-05046-CRB

CASE MANAGEMENT ORDER The Case Management Statement and Proposed Order is hereby adopted by the Court as the Case Management Order for the case and the parties are ordered to comply with this Order. In addition the Court orders:

Dated:_________________

____________________________________ THE HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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