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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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

Case No. CV 17-1772 FMO (KSx)

Petitioner,
v.

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PETER D. FINCH,

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ORDER TO SHOW CAUSE

Respondent.

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Based upon the Petition to Enforce Internal Revenue Service Summons, Memorandum

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of Points and Authorities, and supporting Declaration, the Court finds that Petitioner has

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established a prima facie case for judicial enforcement of the subject Internal Revenue

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Service (IRS) summons. See United States v. Powell, 379 U.S. 48, 57-58, 85 S.Ct. 248, 255

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(1964). Accordingly, IT IS ORDERED THAT:

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1. Respondent shall appear in Courtroom 6D of the First Street Courthouse at 10:00

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a.m. on Thursday, April 20, 2017, to show cause why the production of books, papers,

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records, and other data demanded in the subject IRS summons should not be compelled.

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2. Plaintiff shall serve copies of the following documents on Respondent by personal

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delivery, by leaving a copy at Respondent’s dwelling or usual place of abode with someone of

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suitable age and discretion who resides there, or by certified mail: (a) this Order; and (b) the

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Petition, Memorandum of Points and Authorities, and accompanying Declaration. Service

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may be made by any employee of the IRS or the United States Attorney’s Office.
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Within ten (10) days after service upon Respondent as described above,

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Respondent shall file and serve a written response, supported by appropriate sworn

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statements, as well as any desired motions.

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Respondent files a response with the Court stating that Respondent does not oppose the

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relief sought in the Petition, nor wish to make an appearance, then the appearance of

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Respondent at any hearing pursuant to this Order to Show Cause is excused, and

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Respondent shall comply with the summons within ten (10) days thereafter.

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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

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of this Order.

Only those issues raised by motion or brought into controversy by the

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responsive pleadings and supported by sworn statements filed within ten (10) days after

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service of the herein described documents will be considered by the Court. All allegations in

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the Petition not contested by such responsive pleadings or by sworn statements will be

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deemed admitted.

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Filed this 17th day of March, 2017.

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______________/s/_______________
HON. FERNANDO M. OLGUIN
U.S. DISTRICT COURT JUDGE

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