United States of America v. Briggs

Filing 4

ORDER to SHOW CAUSE re Enforcement of Internal Revenue Service Summons signed by Magistrate Judge Sheila K. Oberto on 3/22/2011. Show Cause Hearing set for 5/11/2011 at 09:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. (Timken, A)

-SKO United States of America v. Briggs

Doc. 4

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BENJAMIN B. WAGNER United States Attorney YOSHINORI H. T. HIMEL #66194 Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Petitioner United States of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Petitioner,

13 v. 14 15 16 Respondent. 17 18 19 20 21 22 23 24 25 26 27 28 MIKE BRIGGS,

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Case No. 1:11-cv-00424-LJO-SKO ORDER TO SHOW CAUSE RE: ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS Date: Wednesday, May 11, 2011 Time: 9:30 a.m. Ctrm: 8 (Honorable Sheila K. Oberto)

Upon review of the Verified Petition to Enforce Internal Revenue Service Summons and the Memorandum of Points and Authorities filed in support of the petition by the United States of America and Revenue Officer Evan Moses (collectively, "Petitioner"), IT IS HEREBY ORDERED that Respondent, MIKE BRIGGS, appear before United States Magistrate Judge Sheila K. Oberto, in Courtroom No. 8, in the United States Courthouse, 2500 Tulare Street, Fresno, California, 93721, on Wednesday, May 11, 2011, at 9:30 a.m. to show cause why he should not be compelled to obey the Internal Revenue Service summons served upon him on May 14, 2010, and attached to the United States' Verified Petition to Enforce Internal Revenue Service Summons. /// 1
ORDER TO SHOW CAUSE RE: ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS

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IT IS HEREBY FURTHER ORDERED that a copy of this Order to Show Cause, together with one copy each of the Verified Petition to Enforce Internal Revenue Service Summons and the Memorandum of Points and Authorities filed in support of the petition, shall be served upon Respondent on or before March 30, 2011, unless such service cannot be made despite reasonable efforts. If Petitioner is unable to serve Respondent despite making reasonable efforts to do so, the documents may be served by any other means of service permitted by Federal Rules of Civil Procedure 4(e), or Petitioner may request a court order granting leave to serve by other means. See Fed. R. Civ. P. 81(a)(5). IT IS HEREBY FURTHER ORDERED that within 14 days of service of a copy of this Order to Show Cause and accompanying papers, Respondent shall file and serve a written response to the Petition to Enforce Internal Revenue Service Summons, supported by appropriate declaration(s), as well as any motions the Respondents desire to make. The Petitioner may file a reply within 7 days after service of Respondent's written response. All motions and issues raised by the Respondent will be considered by the Court, but any uncontested allegations in the Verified Petition to Enforce Internal Revenue Service Summons will be deemed admitted. IT IS HEREBY FURTHER ORDERED that if the summons is ordered to be enforced, the Court shall retain jurisdiction to enforce its order by its contempt power.

IT IS SO ORDERED. Dated: ie14hj March 22, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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ORDER TO SHOW CAUSE RE: ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS