United States of America v. Bacon

Filing 4

ORDER to SHOW CAUSE Re: Enforcement of Internal Revenue Service Summons: Show Cause Hearing set for 9/23/2011 at 09:30 AM in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder. Show Cause Response within 14 days from service of this Order. signed by Magistrate Judge Sandra M. Snyder on 8/2/2011. (Herman, H)

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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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NATHAN D. BACON,
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Respondent.
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__________________________________ )

Case No. 1:11-cv-01250-AWI-SMS
ORDER TO SHOW CAUSE RE:
ENFORCEMENT OF INTERNAL
REVENUE SERVICE SUMMONS
TAXPAYER: NATHAN D. BACON
Date: Friday, September 23, 2011
Time: 9:30 a.m.
Ctrm: 7 (Honorable Sandra M. Snyder)

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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, NATHAN D. BACON, appear

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before United States Magistrate Judge Sandra M. Snyder, in Courtroom No. 7, in the

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United States Courthouse, 2500 Tulare Street, Fresno, California, 93721, on Friday,

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September 23, 2011, at 9:30 a.m. to show cause why he should not be compelled to obey

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the Internal Revenue Service summons served upon him on January 10, 2011, and

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attached to the United States’ Verified Petition to Enforce Internal Revenue Service

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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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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 22, 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.
IT IS SO ORDERED.

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Dated:

August 2, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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