United States of America v. Ochoa

Filing 12

Petitioner's Request For Extension of Time to File a Status Report Regarding Respondent's Compliance With the I.R.S. Summons; ORDER, signed by District Judge Anthony W. Ishii on 12/5/2014. (IT IS HEREBY ORDERED that Petitioner United States of America shall file its Status Report regarding Respondents compliance with the I.R.S. Summons by no later than December 26, 2014.)(Gaumnitz, R)

1 BENJAMIN B. WAGNER
United States Attorney
2 YOSHINORI H. T. HIMEL #66194
Assistant United States Attorney
3 Eastern District of California
501 I Street, Suite 10-100
4 Sacramento, CA 95814-2322
Telephone: [phone]
5 Facsimile: [phone]
email: [e-mail]
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7 Attorneys for Petitioner United States of America

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Petitioner,

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v.

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JOSE OCHOA,

1:14-cv-01335-AWI-SKO
PETITIONER’S REQUEST FOR
EXTENSION OF TIME TO FILE A STATUS
REPORT REGARDING RESPONDENT’S
COMPLIANCE WITH THE I.R.S.
SUMMONS; ORDER

Respondent.

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Taxpayer:
JOSE OCHOA

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Petitioner, the UNITED STATES OF AMERICA, hereby requests that the Court grant a

20 30-day extension of time for Petitioner to file a Status Report regarding Respondent’s
21 compliance with the subpoena. The additional time is needed in order for (1) Petitioner to serve
22 the November 17, 2014 Enforcement Order (Dkt. 9) on Respondent; (2) allow Petitioner
23 additional time to schedule another appearance with Respondent to comply with the summons;
24 and (3) to file a Status Report regarding Respondent’s compliance. The reasons are in the
25 within Declaration of Paulette A. Tremblay. In the event that his request is granted, a proposed
26 order is submitted within.
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PETITIONER’S REQUEST FOR EXTENSION OF TIME
TO FILE A STATUS REPORT; ORDER

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1 Dated: December 5, 2014

Respectfully submitted,

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BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ YHimel
YOSHINORI H. T. HIMEL
Assistant U.S. Attorney
Attorneys for Petitioner
United States of America

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PETITIONER’S REQUEST FOR EXTENSION OF TIME
TO FILE A STATUS REPORT; ORDER

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DECLARATION OF PAULETTE M. TREMBLAY

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I, Paulette M. Tremblay, under 28 U.S.C. § 1746(2), declares:

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1.

I am a Paralegal Specialist in the office of the United States Attorney for the

4 Eastern District of California, with post of duty at Fresno, California. In Fresno tax summons
5 enforcement actions, my duties include drafting and filing all papers filed by the United States,
6 communicating with the investigating IRS employee, arranging and maintaining all case dates
7 and schedules, and arranging compliance with all orders. The purpose of this declaration is to

8 explain why the requested extension is needed.

2.

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Paragraph 6 in the Order Adopting Findings and Recommendations that the

10 Summons Be Enforced, filed November 17, 2014, required the United States to file a Status
11 Report regarding respondent's compliance with the enforced IRS summons by November 26,
12 2014.
133.
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4.

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During the week of November 17, 2014, I was out of the office on personal leave

and did not return until December 1, 2014.
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On December 3, 2014, I read the Order Adopting Findings and Recommendations

16 That The Summons Be Enforced, filed November 17, 2014, and learned about the Status Report
17 due no later than November 26, 2014.
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I declare under penalty of perjury that the foregoing is true and correct. Executed on

19 December 5, 2014.

/s/Paulette M. Tremblay
Paulette M. Tremblay

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PETITIONER’S REQUEST FOR EXTENSION OF TIME
TO FILE A STATUS REPORT; ORDER

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ORDER

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IT IS HEREBY ORDERED that Petitioner United States of America shall file its Status

3 Report regarding Respondent’s compliance with the I.R.S. Summons by no later than December
4 26, 2014.
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6 IT IS SO ORDERED.
7 Dated: December 5, 2014

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SENIOR DISTRICT JUDGE

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PETITIONER’S REQUEST FOR EXTENSION OF TIME
TO FILE A STATUS REPORT; ORDER

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