Gjerde v. United States of America et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 08/25/10 ORDERING respondents USA and IRS to SHOW CAUSE within 21 days why the petition should not be summarily granted. Clerk is directed to immediately serve a copy of the order to US Attorneys' Office and the IRS. (Williams, D)

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(PS) Gjerde v. United States of America et al Doc. 4 1 2 3 4 5 6 7 8 9 10 11 Petitioner, 12 v. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This case was referred to the undersigned pursuant to Eastern District of California Local Rule 302(c)(10). 1 Dockets.Justia.com 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SEAN P. GJERDE dba LAW OFFICES OF SEAN P. GJERDE, No. 2:10-mc-00068 MCE KJN PS UNITED STATES OF AMERICA, et al., Respondents. / ORDER TO SHOW CAUSE On June 24, 2010, petitioner filed a petition to quash two Internal Revenue Service Summons pursuant to 26 U.S.C. 7609(b)(2) and 7609(h).1 (Dkt. No. 1.) On June 29, 2010, this court issued an order setting forth a service and briefing schedule for that petition. (Dkt. No. 2.) Although petitioner filed proofs of service which appear to comply with this court's June 29 order, the time for respondents to file a responsive document has elapsed without any appearance by respondents. Respondents have not filed an opposition, statement of nonopposition or a motion for summary enforcement. //// 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 Accordingly, IT IS HEREBY ORDERED that: 1. Respondents the United States of America and the Internal Revenue Service are hereby ORDERED TO SHOW CAUSE, within twenty-one (21) days of the date of this order, why the instant petition to quash third-party summons should not be summarily granted. If no response is filed to this order to show cause, the court will consider the respondents' failure to appear as a statement of non-opposition to the granting of the petition. 2. The Clerk of Court is directed to immediately serve a copy of this order upon the United States Attorneys' Office, 501 I Street, Suite 10-100, Sacramento, CA 95814 and Randall Zielke, Internal Revenue Service, 4330 Watt Avenue, Sacramento, CA 95821. DATED: August 25, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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