Talbot v. United States of America et al

Filing 5

ORDER that Respondents' 3 motion to dismiss is granted. The petition to quash IRS third party summons (Doc. 1 ) is dismissed. Signed by Judge David G Campbell on 03/15/11.(ESL)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Traci Talbot, Petitioner, vs. United States of America; Internal Revenue Service; and Alex Medley, IRS Special Agent, Respondents. No. MC-11-00001-PHX-DGC ORDER

Petitioner Traci Talbot commenced this action by filing a petition to quash a third party summons issued by the IRS to Wells Fargo Bank. Doc. 1. Respondents have filed a motion to dismiss on the ground that the summons has been withdrawn. Doc. 3. The motion is supported by a copy of the letter withdrawing the summons and the declaration of government counsel. Doc. 3-2. Petitioner has filed no response, and the time for doing so has expired. See LRCiv 7.2(c). Because withdrawal of the summons renders the petition to quash moot, the motion to dismiss will be granted. See also LRCiv 7.2(i). IT IS ORDERED: 1. 2. Respondents' motion to dismiss (Doc. 3) is granted. The petition to quash IRS third party summons (Doc. 1) is dismissed.

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The Clerk is directed to terminate this action.

Dated this 15th day of March, 2011.

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