United States of America v. Grandstaff

Filing 6

ORDER to SHOW CAUSE Show Cause Hearing set for 9/23/2011 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. Show Cause Response due by 8/29/2011. signed by Magistrate Judge Michael J. Seng on 7/28/2011. (Yu, L)

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BENJAMIN B. WAGNER
United States Attorney
YOSHINORI H. T. HIMEL #66194
Assistant United States Attorney
Eastern District of California
501 I Street, Suite 10-100
Sacramento, CA 95814-2322
Telephone: [phone]
Facsimile: [phone]

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Attorney for Petitioner United States of America

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Petitioner,
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v.
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JEFFREY A. GRANDSTAFF,
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Respondent.
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_______________________________

Case No. 1:11-cv-01210-OWW-MJS
ORDER TO SHOW CAUSE RE:
ENFORCEMENT OF INTERNAL
REVENUE SERVICE SUMMONS
Date: Friday, September 23, 2011
Time:
9:30 a.m.
Ctrm: #6 (Hon. Michael J. Seng)

Upon review of the Verified Petition to Enforce Internal Revenue Service

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Summons and the Memorandum of Points and Authorities filed in support of the

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petition by the United States of America,

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IT IS HEREBY ORDERED that Respondent, JEFFREY A. GRANDSTAFF,

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appear before United States Magistrate Judge Michael J. Seng, in Courtroom

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No. 6, in the United States Courthouse, 2500 Tulare Street, Fresno, California,

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93721, on Friday, September 23, 2011, at 9:30 a.m. to show cause why he

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should not be compelled to obey the Internal Revenue Service summons served

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upon him on December 8, 2010, and attached to the United States= Verified

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Petition to Enforce Internal Revenue Service Summons.

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VERIFIED PETITION TO ENFORCE INTERNAL REVENUE SERVICE SUMMONS

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IT IS HEREBY FURTHER ORDERED that a copy of this Order to Show

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Cause, together with one copy each of the Verified Petition to Enforce Internal

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Revenue Service Summons and the Memorandum of Points and Authorities filed

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in support of the petition, shall be served upon Respondent by any means of

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service permitted by Fed. R. Civ. P. 4(e), on or before August 29, 2011, unless

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such service cannot be made despite reasonable efforts. If Petitioner is unable

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to serve Respondent despite making reasonable efforts to do so, Petitioners may

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request a court order granting leave to serve by other means. See Fed. R. Civ. P.

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81(a)(5).

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IT IS HEREBY FURTHER ORDERED that within 14 days of service of a

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copy of this Order to Show Cause and accompanying papers, Respondent shall

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file and serve a written response to the Petition to Enforce Internal Revenue

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Service Summons, supported by appropriate declaration(s), as well as any

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motions the Respondents desire to make. Petitioner may file a reply. Only

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issues raised by the written response and supported by declaration(s) will be

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considered on the return date of this Order, and any uncontested allegations in

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the Verified Petition to Enforce Internal Revenue Service Summons will be

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deemed admitted. If the summons is enforced, the Court should retain jurisdiction to

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enforce its order by its contempt power.

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IT IS SO ORDERED.
Dated:

July 28, 2011

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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ci4d6
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VERIFIED PETITION TO ENFORCE INTERNAL REVENUE SERVICE SUMMONS