United States of America v. Rios et al

Filing 7

Petitioner's Notice of Compliance by Respondent Mario DiSalvo; Request to Vacate Hearing; ORDER signed by Magistrate Judge Gary S. Austin on 6/9/2015. Order to Show Cause hearing set for June 12, 2015 is VACATED. Petitioner shall file a proposed amended order to show cause as to Respondent Rios no later than July 31, 2015. (Martinez, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 BOBBIE J. MONTOYA
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]
6
7 Attorneys for Petitioner United States of America

8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,
Petitioner,

12
13
14

v.
ARMANDO RIOS, MARIO DISALVO,
President, D & R MARKETING, INC.,

1:15-cv-00417-LJO-GSA
PETITIONER’S NOTICE OF
COMPLIANCE BY RESPONDENT MARIO
DISALVO, REQUEST TO VACATE
HEARING; ORDER

15

Taxpayer: ARMANDO RIOS
16

Respondents.
Date: June 12, 2015
Time: 9:30 a.m.
Ctrm: 10, 6th Floor

17
18
19
20 TO THIS HONORABLE COURT:
21

PLEASE TAKE NOTICE that Respondent Mario DiSalvo, President of D&R Marketing,

22 Inc., has sufficiently complied with the summons at issue in the above-captioned Internal
23 Revenue Service summons enforcement proceeding. Therefore, Petitioner United States of
24 America requests that the June 12, 2015, hearing on the order to show cause be vacated.
25

Additionally, Petitioner United States of America will be filing a request to continue the

26 Order to Show Hearing as to Respondent Armando Rios. Petitioner recently learned that
27 Respondent Rios is currently incarcerated and will not be available to attend an Order to Show
28 Cause hearing in this matter until early November 2015. Petitioner will prepare and submit a
PETITIONER’S NOTICE OF COMPLIANCE BY RESPONDENT
MARIO DISALVO, REQUEST TO VACATE HEARING; ORDER

1

1 separate order for a new show cause hearing date as to Respondent Rios, therefore, the file
2 should remain open as to Respondent Rios.
3 Dated: June 9, 2015

Respectfully submitted,

4

BENJAMIN B. WAGNER
United States Attorney

5

By:

6
7

8

/s/ Bobbie J. Montoya
BOBBIE J. MONTOYA
Assistant U.S. Attorney
Attorneys for Petitioner
United States of America

9
10
11
12
13
14

15

ORDER
Upon Petitioner’s notice of compliance as to Respondent Mario DiSalvo, President of
D&R Marketing, Inc., and request to vacate the hearing date, the Order to Show Cause hearing
currently set for June 12, 2015 is VACATED. The case shall remain open as to Respondent
Armando Rios. Petitioner shall file a proposed amended order to show cause as to Respondent
Rios no later than July 31, 2015.

16
17

IT IS SO ORDERED.

18
19

Dated:

June 9, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28
PETITIONER’S NOTICE OF COMPLIANCE BY RESPONDENT
MARIO DISALVO, REQUEST TO VACATE HEARING; ORDER

2