USA v. Quier

Filing 4

ORDER to SHOW CAUSE RE: Enforcement of Internal Revenue Service Summons signed by Magistrate Judge Gary S. Austin on 7/28/2011. Show Cause Hearing set for 9/23/2011 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Bradley, A)

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1 2 3 4 5 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: (916) 554-2760 Facsimile: (916) 554-2900 6 Attorney for Petitioner United States of America 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 UNITED STATES OF AMERICA, ) ) Petitioner, ) ) v. ) ) ERNEST QUIER, ) ) Respondent. ) ) ) __________________________________ ) Case No. 1:11-cv-01241-LJO-GSA ORDER TO SHOW CAUSE RE: ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS TAXPAYER: E. A. QUIER, INC. Date: Friday, September 23, 2011 Time: 9:30 a.m. Ctrm: 10 (Honorable Gary S. Austin) 17 18 Upon review of the Verified Petition to Enforce Internal Revenue Service 19 Summons and the Memorandum of Points and Authorities filed in support of the petition 20 by the United States of America, 21 IT IS HEREBY ORDERED that Respondent, ERNEST QUIER, appear before 22 United States Magistrate Judge Gary S. Austin, in Courtroom 10, in the United States 23 Courthouse, 2500 Tulare Street, Fresno, California, 93721, on Friday, September 23, 24 2011, at 9:30 a.m. to show cause why he should not be compelled to obey the Internal 25 Revenue Service summons served upon him on December 6, 2010, and attached to the 26 United States’ Verified Petition to Enforce Internal Revenue Service Summons. 27 IT IS HEREBY FURTHER ORDERED that a copy of this Order to Show Cause, 28 together with one copy each of the Verified Petition to Enforce Internal Revenue Service 1 ORDER TO SHOW CAUSE RE: ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS 1 Summons and the Memorandum of Points and Authorities filed in support of the petition, 2 shall be served upon Respondent by any means of service permitted by Fed. R. Civ. P. 3 4(e), on or before August 12, 2011, unless such service cannot be made despite 4 reasonable efforts. If Petitioner is unable to serve Respondent despite making reasonable 5 efforts to do so, Petitioners may request a court order granting leave to serve by other 6 means. See Fed. R. Civ. P. 81(a)(5). IT IS HEREBY FURTHER ORDERED that within 14 days of service of a copy of 7 8 this Order to Show Cause and accompanying papers, Respondent shall file and serve a 9 written response to the Petition to Enforce Internal Revenue Service Summons, supported 10 by appropriate declaration(s), as well as any motions the Respondents desire to make. 11 Petitioner may file a reply. Only issues raised by the written response and supported by 12 declaration(s) will be considered on the return date of this Order, and any uncontested 13 allegations in the Verified Petition to Enforce Internal Revenue Service Summons will be 14 deemed admitted. If the summons is enforced, the Court should retain jurisdiction to 15 enforce its order by its contempt power. 16 17 IT IS SO ORDERED. Dated: 18 6i0kij July 28, 2011 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2 ORDER TO SHOW CAUSE RE: ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS

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