United States of America v. Ivan M. Forbes

Filing 12

ORDER TO SHOW CAUSE Why Respondent Should Not be Held in Civil Contempt set for hearing on 3/23/2009 at 01:30 PM before Judge Gary A. Feess. (rfi)

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THOMAS P. O'BRIEN United States Attorney SANDRA R. BROWN Assistant United States Attorney Chief, Tax Division DANIEL LAYTON (SBN 240763) Assistant United States Attorney Room 7211 Federal Building 300 North Los Angeles Street Los Angeles, CA 90012 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for United States of America UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION UNITED STATES OF AMERICA, Petitioner, vs. IVAN M. FORBES, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 08-7158 GAF (PLAx) Order to Show Cause Why Respondent Should Not Be Held in Civil Contempt Date: March 23, 2009 Time: 1:30 p.m. Location: Hon. Gary A. Feess Roybal Federal Building and United States Courthouse Courtroom No. 74O 255 E. Temple Street Los Angeles, CA 90012

Based on the Application for Order to Show Cause on Civil Contempt, Memorandum of Points and Authorities, and the Declaration in Support, the Court finds that petitioner has established its prima facie showing that respondent is in contempt of court for failure to follow the Court's Order Granting Petition to Enforce Internal Revenue Service Summons. See United States v. Brown, 918 F.2d 82, 83-84 (9th Cir. 1990). Therefore, IT IS ORDERED that respondent appear before this District Court of the United States for the Central District of California, at the date, time and address listed above in the

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caption to show cause why respondent should not be held in civil contempt for failure to comply with the Court's order dated December 15, 2008, granting the Petition to Enforce Internal Revenue Service Summons, and incarcerated until respondent has been purged of contempt and complies with the Court's order enforcing the subject IRS summons. IT IS FURTHER ORDERED that copies of this Order and the Application for Order to Show Cause on Civil Contempt be served on respondent by personal delivery or certified mail. IT IS FURTHER ORDERED that within ten (10) days after service upon Respondent of the herein described documents, respondent shall file and serve a written response, supported by appropriate sworn statements, as well as any desired motions. All allegations in the Application for Order to Show Cause on Civil Contempt, Memorandum of Points and Authorities, and Declaration in Support that is not contested by such responsive pleadings or by sworn statements will be deemed admitted.

DATED: February 5, 2009

_________________________ HON GARY A. FEESS U.S. DISTRICT COURT JUDGE

Respectfully submitted, THOMAS P. O'BRIEN United States Attorney SANDRA R. BROWN Assistant United States Attorney Chief, Tax Division DANIEL LAYTON Assistant United States Attorney Attorneys for United States of America

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