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Case 3:16-cv-06658-JSC Document 28 Filed 02/02/17 Page 1 of 6

1 DAVID A. HUBBERT
Acting Assistant Attorney General
2
JEREMY N. HENDON (ORBN 982490)
3
AMY MATCHISON (CABN 217022)
4 Trial Attorneys
United States Department of Justice, Tax Division
5 P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044
6 Telephone: (202) 353-2466
(202) 307-6422
7
Fax: (202) 307-0054
8 E-mail: Jeremy.Hendon@usdoj.gov
Amy.T.Matchison@usdoj.gov
9 Western.Taxcivil@usdoj.gov
10 BRIAN J. STRETCH (CABN 163973)
United States Attorney
11
THOMAS MOORE (ALBN 4305-O78T)
12 Chief, Tax Division
COLIN C. SAMPSON (CABN 249784)
13 Assistant United States Attorney
450 Golden Gate Avenue, 11th Floor
14 San Francisco, California 94102

15 Telephone: (415) 436-7020


Email: Colin.Sampson@usdoj.gov
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Attorneys for United States of America
17

18 UNITED STATES DISTRICT COURT FOR THE


19 NORTHERN DISTRICT OF CALIFORNIA

20 IN THE MATTER OF THE TAX ) Civil Number: 3:16-CV-06658-JSC


LIABILITIES OF: )
21 )
JOHN DOES, United States persons who, ) STIPULATION AND [PROPOSED]
22 at any time during the period January 1, 2013,) ORDER REQUESTING CONTINUANCE
through December 31, 2015, conducted ) OF FEBRUARY 16, 2017 HEARING OF
23 transactions in a convertible virtual currency) PROPOSED INTERVENORS MOTIONS
as defined in IRS Notice 2014-21. ) TO INTERVENE AND FOR OTHER
24 ) RELIEF
)
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Stipulation and [Proposed] Order Requesting Continuance of February 16, 2017 Hearing of Proposed
Intervenors Motions to Intervene and for Other Relief
Case 3:16-cv-06658-JSC Document 28 Filed 02/02/17 Page 2 of 6

1 Pursuant to L.R., 6-2, petitioner United States of America, and movants-proposed intervenors

2 Coinbase, Inc. and Jeffrey K. Berns (collectively, the Parties), through their respective undersigned

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counsel of record, stipulate as follows and respectfully request an order pursuant to this stipulation for a
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continuance of the hearing date currently set for the movants motions to intervene and for other relief:
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1. The United States filed its Ex Parte Petition for Leave to Serve John Doe Summons on
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November 17, 2016. (Docket No. 1).
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8 2. On November 30, 2016, leave of Court was granted and the summons was subsequently

9 served. (Docket No. 7).

10 3. On December 13, 2016, movant Jeffrey K. Berns filed a motion to intervene, to quash
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summons, or for protective order, or for an order scheduling an evidentiary hearing and permitting
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limited discovery. (Docket No. 9). On January 11, 2017, movant Coinbase filed a motion to intervene
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and a motion to change the date upon which movant Berns motion to intervene was set for hearing.
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15 (Docket Nos. 19, 20). As filed, Coinbases motion to intervene was noticed for hearing on February 16,

16 2017.

17 4. On January 12, 2017, the Court rescheduled the hearing on Berns motion to intervene to
18 February 16, 2017, and vacated the case management conference scheduled for that date. (Docket No.

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5. The United States seeks to continue the hearing on the movants motions to intervene and
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for other relief from February 16, 2017, to March 23, 2017. The United States seeks this continuance
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23 not for purposes of delay, but rather because the United States is considering filing a petition to enforce

24 or taking other action with respect to the John Doe summons and if more time is provided a hearing on

25 movants motions may be avoided altogether, sparing the Courts judicial resources and the Parties time

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and expense. Counsel for movants do not object and stipulate to this request for additional time.
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6. This is the Parties first stipulation for a continuance of this hearing.

Stipulation and [Proposed] Order Requesting Continuance of February 16, 2017 Hearing of Proposed
Intervenors Motions to Intervene and for Other Relief 1
Case 3:16-cv-06658-JSC Document 28 Filed 02/02/17 Page 3 of 6

1 WHEREFORE, subject to the Courts approval, the Parties hereby stipulate to continue the

2 hearing date of movants motions to intervene and for other relief to March 23, 2017 or a date

3 thereafter convenient for the Courts calendar.

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Stipulation and [Proposed] Order Requesting Continuance of February 16, 2017 Hearing of Proposed
Intervenors Motions to Intervene and for Other Relief 2
Case 3:16-cv-06658-JSC Document 28 Filed 02/02/17 Page 4 of 6

1 Dated this 2nd day of February, 2017.

2
DAVID A. HUBBERT
3
Acting Assistant Attorney General
4
/s/ Jeremy N. Hendon
5 /s/ Amy Matchison
JEREMY N. HENDON
6 AMY MATCHISON
Trial Attorneys, Tax Division
7
U.S. Department of Justice
8
BRIAN J. STRETCH
9 United States Attorney
Northern District of California
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/s/ Colin C. Sampson
11 COLIN C. SAMPSON
Assistant United States Attorney, Tax Division
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13 Attorneys for United States of America

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GOODWIN PROCTER LLP
15

16 /s/ Steven A. Ellis


STEVEN A. ELLIS (CABN 171742)
17 601 South Figueroa Street
Los Angeles, California 90017
18 Telephone: (213) 426-2614
Email: SEllis@goodwinlaw.com
19

20 Attorneys for Coinbase, Inc.,

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BERNS WEISS LLP
22
/s/ Lee A. Weiss
23 LEE A. WEISS (CABN 297834)
24 585 Stewart Avenue, Suite L-20
Garden City, NY 11530
25 Telephone: (516) 222-2900
Email: lweiss@law111.com
26
Attorneys for Jeffrey K. Berns
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Stipulation and [Proposed] Order Requesting Continuance of February 16, 2017 Hearing of Proposed
Intervenors Motions to Intervene and for Other Relief 3
Case 3:16-cv-06658-JSC Document 28 Filed 02/02/17 Page 5 of 6

1 ORDER

2 Pursuant to the Stipulation of counsel and for good cause shown, IT IS HEREBY
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ORDERED that the hearing of movants motions to intervene and for other relief is continued to
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March 23, 2017.
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IT IS SO ORDERED.
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Dated this __ day of February, 2017
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9 __________________________
JACQUELINE SCOTT CORLEY
10 UNITED STATES MAGISTRATE JUDGE
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Stipulation and [Proposed] Order Requesting Continuance of February 16, 2017 Hearing of Proposed
Intervenors Motions to Intervene and for Other Relief 4
Case 3:16-cv-06658-JSC Document 28 Filed 02/02/17 Page 6 of 6

1 ECF CERTIFICATION

2 Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that she has obtained
3 concurrence regarding the filing of this document from the signatories to the document.

5 /s/ Amy Matchison


AMY MATCHISON
6 Trial Attorney, Tax Division
U.S. Department of Justice
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Stipulation and [Proposed] Order Requesting Continuance of February 16, 2017 Hearing of Proposed
Intervenors Motions to Intervene and for Other Relief 5