Sweeney v. Inspector General of the United States Department of Agriculture

Filing 4

ORDER REQUIRING that the government file a response no later than 10/10/2014. Movant is DIRECTED to file a proof of service no later than 9/12/2014. Order signed by Magistrate Judge Gary S. Austin on 9/5/2014. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL SWEENEY,

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14-mc-54 GSA

Movant,
v.
INSPECTOR GENERAL OF THE
UNITED STATES DEPARTMENT OF
AGRICULTURE,

ORDER REQUIRING THAT THE
GOVERNMENT FILE A RESPONSE NO
LATER THAN OCTOBER 10, 2014

Respondent.

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On August 15, 2014, the movant, Michael Sweeney (“the movant”), filed a Motion for an

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Order Pursuant to Customer Challenge Provisions of the Right to Financial Privacy Act of 1978

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(“RFPA”), 12 U.S.C. § 3401 et seq. (Docs. 2 and 3). Pursuant to 12 U.S.C. 3410 (b) this Court

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orders the Respondent, the Inspector General of the United States Department of Agriculture
(“the government”) to file a sworn response to the movant’s motion. This response shall be filed

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no later than October 10, 2014, and shall include a declaration or other proof identifying when

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the Subpoena Duces Tecum was mailed or served on the movant so the Court may assess the

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timeliness of the movant’s filing. 12 U.S.C. § 3410(a) (“a customer of a financial institution

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“may file a motion to quash an administrative summons or judicial subp[o]ena, or an application

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to enjoin a Government authority from obtaining financial records pursuant to a formal written

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request” within “ten days of service or within fourteen days of mailing” of said summons or

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subpoena).

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The government has not yet appeared in this action. Accordingly, the movant shall serve
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a file-stamped copy of his motion and the sworn statement (Docs. 2 and 3) and a copy of this

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order by delivering or mailing by registered mail or certified mail to :

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Christy A. Slamowitz
Counsel to the Inspector General
U.S. Department of Agriculture
Jamie L. Whitten Building
1400 Independence Avenue SW
STOP 2308, Room 441-E
Washington, D.C. 20250-2308

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The movant shall file a proof of service no later than September 12, 2014. The proof of
service shall contain a statement under penalty of perjury identifying the date the above

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documents were served, the method of service, as well as the person served. The movant is

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advised that “a consumer’s ability to challenge a subpoena is cabined by strict procedural

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requirements.” S.E.C. v. Jerry T. O’Brein, Inc., 467 U.S. 735, 745 (1984). Failure to comply

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with this order may result in dismissal of this action.
The Clerk of the Court is also directed to serve the government with a copy of this order at

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the above address via first-class mail.

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IT IS SO ORDERED.
Dated:

September 5, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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