Free Memorandum in Opposition - District Court of California - California

FILE No.858 06/17 '08 16:34

Case 3:07-cv-04762-PJH

ID:

Document 79-2

Filed 06/26/2008

FAX:

Page 1 of 3

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233 Sansome Street, Suite 1111

San FranciSCO. CA 94104
Telephone: (415) 274-3800 Facsimile: (415) 274-3836

Ord & Norman

Fa
To:
Allyson B. Baker, Esq.

from; Ned Ord

Fax (202) 514~6770

Pages: 3 (Including Cover Page)
Dato: 6/17/2008

Ph
He:
Hsin - 7118
o for Reviow

CC:

o Uruent

r: Pleae Comment 0 Please Reply

o Please Rocde

. Comments:

Please disregard the last fax. Attched is the final, signed copy of the letter.

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the indivídua
The informltion contained in this trion is privilegec an confidentiaL. It is inte only for the use of

or entity nam abve. If the reaer of this message is not the intended reipient, you arc hereby notified th any you have receved this commicaon this communicaon is siicty prohibited. If dissaton, distbution or copying of
in err, please notify us immediately by relephonc and return the original messae to us at the abve addr vi O.S. Posta
Servce. All nec relephone and postage chages wil be reimburse.

FILE No. 858 06/17 '08 16: 34 I D : Case 3:07-cv-04762-PJH

Document 79-2

Filed 06/26/2008

FAX:

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ORO & NORMAN
ArrORNßYS AT LAW
OTHRR OFFIC¡;S
LOS ANGELES

AFFILIATEO O"f1JC~S

233 SANSOME STREET SUITE II i i SAN FRANCISCO, CAI.IFORNIA 94104.2317

A TUNT A NEW YORK

BASEL SWITlERLAND
HONG KONG

TELEPHONE: (415) 274-3800

lACSIMIL~: (415) 274-3838

June 17,2008
Allyson B. Baker Trial Attorney, Tax Division U.S. Deparment of Justice P.O. Box 7238 Ben Franklin Station Washington, D.C. 20044
Re: United States v. Charles Catch

art, et. al.,

Case No. 07-4762-PJH
Dear Ms. Baker,

July 15. 2008~ on behalf

I am writing you to ask that you agree to an extension to answer or otherise move unti of Charles Hsin and Optech.

My reasons are as follows:

1. My ethics counsel was on vacation. He has not yet finished the conflcts analysis.
This event wìl not Occur at the earliest unti I

late next week. In the meantime. I

only have the authority to seek time.

2. There is going to be a stay at some point put in place in this case due to Section
6700 refund actions based in par on u.s. v. Nordbrock, 941 F2d 947 (9th Cir.
2001). If

there is going to be a stay, my client really does not want to expend unnecessar resources if the case is going to be stayed, assuming I get the go ahead in early July to work on the case,

3. We would like time to see if

we can get a stipulated injunction with you as long as

it is not a confession.
4. I am trng to locate the other defendant. Franlin Thomason, you are seeking to

join to see ifhe wants me to represent him. If so, this would simplify problems from your end and eventually result in tìme being saved. Have you served him?

5. I just found out that I am being deposed in a civil suit even though discovery has been cut off in the capacity as an exper witness. It is set at the time I am

FILE No.858 06/17 '08 16:35 ID:

Case 3:07-cv-04762-PJH

Document 79-2

FAX: Filed 06/26/2008

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supposed to respond to it, and with ver short notice. I have to stop and prepare my testimony, then endure a long deposition.
Your immediate response wil be appreciated SO I know whether to file a motion. Than this important matter. I maybe reached at (415) 274your anticipated cooperation of

you for

3800.

Ned Ord

EOC:se
T: \Clients\7118\Baker-02.doc

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