United States of America v. Peter D. Finch

Filing 5

ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Show Cause Hearing set for 4/20/2017 at 10:00 AM before Judge Fernando M. Olguin. (vdr)

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  1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 UNITED STATES OF AMERICA, Case No. CV 17-1772 FMO (KSx) Petitioner, v. 14 PETER D. FINCH, 15 ORDER TO SHOW CAUSE Respondent. 16 17 Based upon the Petition to Enforce Internal Revenue Service Summons, Memorandum 18 of Points and Authorities, and supporting Declaration, the Court finds that Petitioner has 19 established a prima facie case for judicial enforcement of the subject Internal Revenue 20 Service (IRS) summons. See United States v. Powell, 379 U.S. 48, 57-58, 85 S.Ct. 248, 255 21 (1964). Accordingly, IT IS ORDERED THAT: 22 1. Respondent shall appear in Courtroom 6D of the First Street Courthouse at 10:00 23 a.m. on Thursday, April 20, 2017, to show cause why the production of books, papers, 24 records, and other data demanded in the subject IRS summons should not be compelled. 25 2. Plaintiff shall serve copies of the following documents on Respondent by personal 26 delivery, by leaving a copy at Respondent’s dwelling or usual place of abode with someone of 27 suitable age and discretion who resides there, or by certified mail: (a) this Order; and (b) the 28 Petition, Memorandum of Points and Authorities, and accompanying Declaration. Service 1   1 2 may be made by any employee of the IRS or the United States Attorney’s Office. 3. Within ten (10) days after service upon Respondent as described above, 3 Respondent shall file and serve a written response, supported by appropriate sworn 4 statements, as well as any desired motions. 5 Respondent files a response with the Court stating that Respondent does not oppose the 6 relief sought in the Petition, nor wish to make an appearance, then the appearance of 7 Respondent at any hearing pursuant to this Order to Show Cause is excused, and 8 Respondent shall comply with the summons within ten (10) days thereafter. 9 If, prior to the return date of this Order, 4. All motions and issues raised by the pleadings will be considered on the return date 10 of this Order. Only those issues raised by motion or brought into controversy by the 11 responsive pleadings and supported by sworn statements filed within ten (10) days after 12 service of the herein described documents will be considered by the Court. All allegations in 13 the Petition not contested by such responsive pleadings or by sworn statements will be 14 deemed admitted. 15 Filed this 17th day of March, 2017. 16 ______________/s/_______________ HON. FERNANDO M. OLGUIN U.S. DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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