United States of America et al v. White

Filing 7

AMENDED ORDER signed by Magistrate Judge Dale A. Drozd on 2/6/08: Show Cause Hearing RESET to 3/14/2008 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.(Kaminski, H)

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United States of America et al v. White Doc. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M c G R E G O R W. SCOTT U n ite d States Attorney Y O S H IN O R I H. T. HIMEL #66194 A s s is ta n t United States Attorney E a ste rn District of California 5 0 1 I Street, Suite 10-100 S a c ra m e n to , California 95814-2322 T e le p h o n e : (916) 554-2760 IN THE UNITED STATES DISTRICT COURT FOR THE E A S T E R N DISTRICT OF CALIFORNIA U N IT E D STATES OF AMERICA, and H E L E N ARENA, Revenue Officer, In te rn a l Revenue Service, P e titio n e r s, v. C H R I S T O P H E R T. WHITE R e sp o n d e n t. 2 :0 7 -m c-0 0 1 3 1 -L E W - D A D A M E N D E D 1 ORDER C O N T I N U I N G HEARING ON O R D E R TO SHOW CAUSE Taxpayer: CHRISTOPHER T. WHITE Date: Friday, March 14, 2008 T im e : 10:00 a.m. C trm : Honorable Dale A. Drozd ( C r tr m . #27, 8 th Floor) T h is case came before me on February 1, 2008, on the Order to Show Cause filed D e c em b e r 11, 2007. Yoshinori H. T. Himel, Assistant United States Attorney, appeared f o r petitioners with petitioning Revenue Officer Helen Arena. Respondent did not ap p ea r. P e titio n e rs requested a continuance to re-serve process. Accordingly, the hearing is CONTINUED to Friday, March 14, 2008, at 10:00 o'clock a.m. Respondent, C H R IS T O P H E R T. WHITE, is ORDERED to appear then in my courtroom in the United S ta te s Courthouse, 501 I Street, Sacramento, California, to show cause why he should 1 The proposed order has been amended as shown by strike-out and/or italics. Page 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 n o t be compelled to obey the Internal Revenue Service summons issued on August 29, 2007. A copy of the original Order to Show Cause, the Verified Petition and its Exhibit, a n d the Points and Authorities shall be re-served by February 21, 2008, as follows: 1 . A copy of the Order to Show Cause filed December 11, 2007, the Verified P e titio n and its Exhibit, and the Points and Authorities, shall be personally served by d e liv e rin g a copy to the respondent personally or by leaving a copy at the respondent's d w e llin g house or usual place of abode with some person of suitable age and discretion th e n residing therein, unless personal such service cannot be made despite reasonable e f f o r ts . 2 . If the assigned federal employee is unable to serve these documents personally a s described in paragraph 1 despite making reasonable efforts to do so, other means of s e rv ic e may be used. See Fed. R. Civ. P. 81(a)(5). Such means may include verifying the re sp o n d e n t's place of abode or business by postal trace or otherwise, posting the d o c u m e n ts on the door of the respondent's place of abode or business, and mailing an a d d itio n a l copy by ordinary or certified mail. The federal employee shall make a d e c la ra tio n detailing the efforts made within the 21-day period to serve the respondent p e rs o n a lly as described in paragraph 1, and the other means of service used. 3 . Proof of any service done pursuant to paragraph 3 or 4 1 or 2, above, shall be f ile d with the Clerk as soon as practicable. It is SO ORDERED. DATED: February 6, 2008. Ddad1\orders.civil\white0131.osc.hrgcont Page 2

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