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