United States of America v. Warren

Filing 23

ORDER granting, as set out, Motion for Partial Relief from the Court's 12/14/11 Order. Defendant Warren is relieved from the requirements as set out in order. All other portions of the 1`2/14/11 Order remain in full effect. Signed by Judge Kristi K. DuBose on 5/29/2012. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

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DELOIS WARREN, d/b/a BRANJALO
TAX SERVICE,
Defendant.

CIVIL ACTION NO. 11-00063-KD-M

ORDER
This matter is before the Court on the Defendant’s “Motion for Partial Relief from the
Court’s [December 14, 2011] Order” (Doc. 20) and the Government’s Response (Doc. 22).
Specifically, Defendant Warren requests relief from certain notification and certification
requirements of the Court’s Order of December 14, 2011. (Doc. 15). These requirements
instruct Defendant Warren: 1) to produce a list identifying her customers to counsel for the
United States; 2) to notify those customers of the injunction ordered against her, and; 3) to
certify to the Court that she has complied with those two requirements. (Id. at 2). As grounds,
Defendant Warren asserts that she has “attempted unsuccessfully to retrieve the client data and
believes, due to the passage of time, that the spirit of the Court’s Order has been served.” (Doc.
20). In response, the Government does not oppose the partial relief sought by Defendant
Warren but requests that the remainder of the Order remain in effect. (Doc. 22).
Upon consideration, it is ORDERED that Defendant Warren’s unopposed Motion for
Partial Relief from the notification and certification requirements of the December 14, 2011
Order (Doc. 15) is GRANTED. Accordingly, it is ORDERED that Defendant Warren is
hereby RELIEVED from the following requirements:

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…mail[ing] an executed copy of this injunction to all persons for whom she has
prepared a federal tax return or form since January 1, 2007. Defendant must mail
the copies within 15 days of the date of this order and must, within 5 days
thereafter, file with the Court a sworn certificate stating that she has complied
with this requirement. The mailings shall include a cover letter in a form either
agreed to by counsel for the United States or approved by the Court, and shall not
include any other documents or enclosures except those specifically mentioned
therein.…produc[ing] to counsel for the United States, within fifteen days of the
Court’s order, a list that identifies by name, social security number, address, email
address, and telephone number and tax period(s) all persons for whom she
prepared federal tax returns since January 1, 2007[.]
(Doc. 15 at 3). All other portions of the December 14, 2011 Order (Doc. 15) remain in full
effect.
DONE and ORDERED this the 29th day of May 2012.
/s/Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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