Collins et al v. Provost

Filing 18

ORDER DENYING Respondent's Motion for Abatement and Request (Docs. 11, 12). ORDER DIRECTING the Parties to File Status Reports No Later Than November 9, 2009. signed by Judge Sandra M. Snyder on 11/3/2009. (Herman, H)

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UNITED STATES DISTRICT COURT
7 EASTERN DISTRICT OF CALIFORNIA 8 9 MARILYN COLLINS, Revenue 10 Officer, et al., 11 v. 12 ANDRE PAUL PROVOST, JR., et 13 al., 14 15 16 Petitioners are proceeding with a civil action in this 17 Court. The matter has been referred to the Magistrate Judge 18 pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-303. 19 Petitioners are seeking to enforce an IRS summons issued to 20 Respondent. The matter has been the subject of various 21 continuances to permit the parties to settle the matters before 22 the Court. The order to show cause is presently set for hearing 23 on November 13, 2009. 24 25 26 I. Respondent's Motion for Abatement of the Proceedings and Request/Offer to Meet On September 16, 2009, Respondent filed a motion to abate Respondent. Petitioners, ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv-00956-OWW-SMS ORDER DENYING RESPONDENT'S MOTION FOR ABATEMENT AND REQUEST (DOCS. 11, 12) ORDER DIRECTING THE PARTIES TO FILE STATUS REPORTS NO LATER THAN NOVEMBER 9, 2009

27 the proceedings in order to permit him to settle the matter 28 administratively (Doc. 11). 1

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On the same date, Respondent filed a document entitled

2 "Notice Request for Forgiveness Offer to Meet," in which he 3 stated that he had previously misunderstood his duties, and he 4 offered to meet at with the Petitioner to settle and close the 5 matter (Doc. 12). This document was docketed as a motion. 6 To the extent that Respondent's motions were a request to

7 continue the hearing previously set on the order to show cause in 8 order to permit voluntary compliance, the motions are denied as 9 moot because the previously set hearing has already been 10 postponed. To the extent that they represent a motion to stay 11 these proceedings in order to permit voluntary compliance, 12 Respondent's motion is denied as unwarranted at this time and as 13 unnecessary. Respondent has not demonstrated compliance with the 14 summons. Further, voluntary compliance and other efforts at 15 settlement may proceed in conjunction with these proceedings. 16 17 II. Directions to the Parties to File Status Reports In order to permit the Court to be informed in a timely

18 manner of the status of the case and to understand what the 19 hearing on the order to show cause set for November 13 will 20 involve, each party IS DIRECTED to file no later than November 9, 21 2009, a brief report (no more than three pages) reflecting the 22 status of the parties' efforts to settle the matter and indicating 23 the relief or action sought by the parties at this point in time. 24 IT IS SO ORDERED. 25 Dated: 26 27 28 2 November 3, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE