United States of America et al v. Luong

Filing 13

ORDER to SHOW CAUSE signed by Magistrate Judge Kimberly J. Mueller on 1/6/09 ORDERING that Khanh Tung Luong to appear before Magistrate Judge Kimberly J. Mueller on 2/4/2009 at 10:00 AM in Courtroom 26 (KJM). IT IS FURTHER ORDERED that within 7 calendar days after the filing of this Order, the respondent shall file and serve a written response to the Petition re: Civil Contempt of Order Filed December 31, 2008. (Duong, D)

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M c G R E G O R W. SCOTT United States Attorney 5 0 1 I Street, Suite 10-100 S a c ra m e n to , CA 95814 CAROLINE A. NEWMAN T ria l Attorney, Tax Division U .S . Department of Justice P .O . Box 683 B e n Franklin Station W a sh in g to n , D.C. 20044-0683 T e le p h o n e : [phone] E m a il: [e-mail] [e-mail] 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 C Y N T H IA KALLICH, Revenue O f f ic e r, Internal Revenue Service, P e titio n e r s, v. K H A N H TUNG LUONG, R e sp o n d e n t.

2:08-m c-0009 4-W B S-K JM O R D E R TO SHOW CAUSE RE: C I V I L CONTEMPT T a x p a ye rs: KHANH TUNG LUONG a n d CAPITOL FURNITURE Date: Wednesday, February 4, 2009 T im e : 10:00 a.m. C trm : Hon. Kimberly J. Mueller ( C r tr m . #26, 8 th Floor)

U p o n the petition of McGREGOR W. SCOTT, United States Attorney for the E a ste rn District of California at the time the petition was submitted, including the d e c la ra tio n of Revenue Officer CYNTHIA KALLICH, it is hereby: O R D E R E D that the Respondent, KHANH TUNG LUONG, appear before United S ta te s Magistrate Judge Kimberly J. Mueller, in that Magistrate Judge's courtroom in the U n ited States Courthouse, 501 I Street, Sacramento, California, on Wednesday, February 4 , 2009, at 10:00 a.m., and that respondent show cause as follows: /// ///
ORDER TO SHOW CAUSE RE: CIVIL CONTEMPT

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3852115.1

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1 . Why respondent, KHANH TUNG LUONG, should not be held in civil c o n te m p t of this Court for his failure to comply with the Order filed on October 24, 2008, d ire c tin g respondent to comply with the I.R.S. Summonses issued on April 3, 2008. 2 . Why the respondent should not incarcerated and ordered to pay a daily fine u n til he complies with the Order, and ordered to pay a compensatory fine to the United S ta te s . IT IS FURTHER ORDERED that within 7 calendar days after the filing of this O rd e r, the respondent shall file and serve a written response to the Petition re: Civil C o n te m p t of Order Filed December 31, 2008. Only those issues brought into controversy b y the responsive papers and supported by declaration will be considered at the hearing o n this Order, and any uncontested allegation in the Petition Re: Civil Contempt will be c o n s id e re d admitted. Respondent is hereby notified that a failure to comply with this Order will subject re sp o n d e n t to possible further sanctions for contempt of Court. T h e Clerk shall forward copies of the Order to the Magistrate Judge, the re s p o n d e n t and the United States Attorney. It is SO ORDERED.

D A T E D : January 6, 2009.

ORDER TO SHOW CAUSE RE: CIVIL CONTEMPT

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3852115.1