Pontius v. Internal Revenue Service et al

Filing 9

ORDER Granting Petitioner's 5 Motion to File Amended Petition to Quash Summons signed by Magistrate Judge Stanley A. Boone on 01/06/2014. (Flores, E)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID PONTIUS, ORDER GRANTING PETITIONER’S MOTION TO FILE AMENDED PETITION TO QUASH SUMMONS Petitioner, 12 13 Case No. 1:13-mc-00056-SAB v. 14 INTERNAL REVENUE SERVICE, et al., 15 (ECF Nos. 5) Respondents. 16 17 Petitioner David Pontius filed a petition to quash an Internal Revenue Service (“IRS”) 18 summons on November 14, 2013. (ECF No. 1.) On November 19, 2013, the Court issued an 19 order requiring Plaintiff to properly serve and notice a hearing on the petition to quash. (ECF 20 No. 2.) On December 6, 2013, Plaintiff refiled the petition to quash and notice of hearing. (ECF 21 Nos. 3, 4.) On December 17, 2013, Plaintiff filed a motion to amend his petition to quash and an 22 amended petition was lodged with the Court. (ECF Nos. 5, 6.) On December 18, 2013, 23 Respondent filed a motion to continue the hearing on the petition to quash. (ECF No. 7.) The 24 motion to continue the hearing was granted and the hearing on the petition to quash is set for 25 February 19, 2014 at 10:00 a.m. before the undersigned. (ECF No. 8.) 26 Plaintiff seeks leave to amend his petition to quash to more fully address the legal 27 provisions of the controlling statutes and address the jurisdiction of the district court and 28 appropriate process necessary for jurisdiction to exist. (ECF No. 5.) A pleading may be 1 1 amended once as a matter of course within twenty one days of serving it. Fed. R. Civ. P. 2 15(a)(1)(A). Plaintiff’s petition to quash was served on December 2, 2013, and the motion to 3 amend was filed within twenty one days on December 17, 2013. The Court has provided 4 Respondent with an appropriate time period to file an opposition to the motion to amend and no 5 opposition has been filed. Accordingly, the motion to amend the petition shall be granted. 6 Based on the foregoing, IT IS HEREBY ORDERED that: 7 1. Plaintiff’s motion to amend the petition to quash is GRANTED; and 8 2. The Clerk of the Court is DIRECTED to file the amended petition lodged on December 17, 2013. 9 10 11 12 IT IS SO ORDERED. Dated: January 6, 2014 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?