USA v. Quier
Filing
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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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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
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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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ERNEST QUIER,
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Respondent.
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__________________________________ )
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)
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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 petition
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by the United States of America,
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IT IS HEREBY ORDERED that Respondent, ERNEST QUIER, appear before
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United States Magistrate Judge Gary S. Austin, in Courtroom 10, in the United States
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Courthouse, 2500 Tulare Street, Fresno, California, 93721, on Friday, September 23,
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2011, at 9:30 a.m. to show cause why he should not be compelled to obey the Internal
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Revenue Service summons served upon him on December 6, 2010, and attached to the
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United States’ 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 Cause,
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together with one copy each of the Verified Petition to Enforce Internal Revenue Service
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ORDER TO SHOW CAUSE RE: ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS
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Summons and the Memorandum of Points and Authorities filed in support of the petition,
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shall be served upon Respondent by any means of service permitted by Fed. R. Civ. P.
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4(e), on or before August 12, 2011, unless such service cannot be made despite
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reasonable efforts. If Petitioner is unable to serve Respondent despite making reasonable
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efforts to do so, Petitioners may request a court order granting leave to serve by other
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means. See Fed. R. Civ. P. 81(a)(5).
IT IS HEREBY FURTHER ORDERED that within 14 days of service of a copy of
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this Order to Show Cause and accompanying papers, Respondent shall file and serve a
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written response to the Petition to Enforce Internal Revenue Service Summons, supported
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by appropriate declaration(s), as well as any motions the Respondents desire to make.
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Petitioner may file a reply. Only issues raised by the written response and supported by
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declaration(s) will be considered on the return date of this Order, and any uncontested
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allegations in 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:
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6i0kij
July 28, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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ORDER TO SHOW CAUSE RE: ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS
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