Opinion
Case No. 11-cv-4316-EDL
11-02-2011
ALLEN DAVIS and CAROL DAVIS, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney THOMAS MOORE (ALBN 4305-O78T) Assistant United States Attorney Chief, Tax Division THOMAS M. NEWMAN (NYBN 4256178) Assistant United States Attorney Attorneys for the United States of America
MELINDA HAAG (CABN 132612)
United States Attorney
THOMAS MOORE (ALBN 4305-O78T)
Assistant United States Attorney
Chief, Tax Division
THOMAS M. NEWMAN (NYBN 4256178)
Assistant United States Attorney
Attorneys for the United States of America
STIPULATION TO (1) EXTEND TIME
TO ANSWER OR OTHERWISE PLEAD,
AND (2) CONTINUE THE CASE
MANAGEMENT CONFERENCE; AND
PROPOSED ORDER
The parties stipulate as follows:
1. Plaintiffs Allen and Carol Davis filed this case on August 31, 2011, which seeks a refund of federal taxes for specified years.
2. Plaintiffs served the defendant, the United States, on September 2, 2011, and an answer or responsive pleading is due on or before November 1, 2011.
3. Counsel for the United States has requested, but has not yet received the Internal Revenue Service administrative file, a letter referring this case for defense, and other documents necessary to file a pleading in this matter. Those documents should be sent so that a responsive pleading can be filed no later than December 2, 2011. Based on these representations, the parties agree that defendant shall have until December 2, 2011, to file an answer or pleading in response to plaintiffs' complaint.
4. The parties further stipulate to continue the Case Management Conference from December 13, 2011, to January 31, 2012, at 10:00 a.m.
Respectfully submitted,
MELINDA HAAG
United States Attorney
____________________
THOMAS M. NEWMAN
Assistant United States Attorney
Tax Division
______________________________
KENNETH G. HAUSMAN (No. 57252)
HOWARD RICE NEMEROVSKI CANADY
FALK & RABKIN
A Professional Corporation
ORDER
Pursuant to the parties' stipulation, IT IS SO ORDERED.
____________________
ELIZABETH D. LAPORTE
United States Magistrate Judge