United States of America et al v. Usufy

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 11/1/10 ORDERING that the Show Cause Hearing is continued to 12/2/2010 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Clerk directed to serve this order by mail to Younes Ususy at 2345 Northrop Avenue, Apt. 205B, Sacramento, CA, 95825 and 2496 Pheasant Hollow Drive, West Sacramento, CA 95691. (Owen, K)

U n i ted States of America et al v. Usufy

Doc. 7

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B E N J A M IN B. WAGNER 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 : [phone] A tto rne ys for Petitioners

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P etitio n ers, the UNITED STATES OF AMERICA and Revenue Officer LESLIE F O U C H E MUNOZ, hereby request that Judge Newman continue the Show Cause H e a rin g Re: Tax Summons Enforcement currently scheduled for Thursday, November 4, 2 0 1 0 , to Thursday, December 2, 2010, at 10:00 a.m. The continuance is requested b e c au s e counsel for petitioners has a conflicting, preexisting family medical obligation th a t makes him unavailable for most of the month of November. As the within Counsel D e c lar a tio n shows, respondent Usufy has consented to this continuance but, despite p ro m is e s, has not signed a continuance stipulation. Except for the sua sponte continuance to November 4, 2010, this is the first time that a continuance of this hearing has been re q u e ste d or granted. ///
PETITIONERS' CONSENSUAL REQUEST FOR CONTINUANCE

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, L E S L IE FOUCHE MUNOZ, Revenue O f f ic e r, Internal Revenue Service, P e titio n e r s, T a x p a ye r: YOUNES USUFY v. Y O U N E S USUFY, R e sp o n d e n t. D a te : Thursday, December 2, 2010 T im e : 10:00 a.m. C trm : #25 (8 th Floor, Honorable K e n d a ll J. Newman) C a s e No. 2:10-mc-00081-JAM-KJN P E T I T IO N E R S ' CONSENSUAL R E Q U E S T FOR CONTINUANCE

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D a te d : October 29, 2010 B y:

B E N J A M IN B. WAGNER U n ite d States Attorney /s/ Y Himel YOSHINORI H. T. HIMEL A s s is ta n t U. S. Attorney

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C O U N S E L DECLARATION Y O S H I N O R I H. T. HIMEL, under 28 U.S.C. § 1746(2), declares as follows: 1 . I am an Assistant United States Attorney assigned the captioned case. 2 . For months, my spouse has had surgery scheduled for November 1, 2010. During her convalescence, I will be assisting her at home. I expect to be at home on leave to help her for the week of November 1, most of the remainder of November, and p o s s ib ly afterward. 3 . On August 11, 2010, Mary Ann Rackley of this office, who acts under my s u p e rv is io n , ascertained from Judge Newman's information on the Court's website that O c to b e r 28, 2010, was an open hearing date for the summons enforcement show-cause h e a rin g in this case. That hearing accordingly was set for that date by Order to Show C a u se submitted August 17, 2010 and approved August 23, 2010. 4 . By minute order filed August 25, 2010, the Court sua sponte reset the hearing f o r November 4, 2010, which is during my spouse's first week of convalescence. 5 . Because the sua sponte continuance caused a need for a further continuance, I c o n ta c te d respondent by telephone on September 14, 2010, and asked for his consent to a f u rth e r continuance to December 2, 2010. In that conversation, I understood him to agree to the requested continuance. 6 . In accordance with respondent's agreement, a stipulation was prepared and m a iled to him on September 21, 2010. This mailing included a self-addressed, pre-paid e n v e lo p e for the respondent to return the signed stipulation. A copy of the letter and s tip u la tio n is attached hereto as Exhibit A. 7 . The signed stipulation was not received, so on October 5, 2010, Ms. Rackley sp o k e with respondent regarding the missing signed stipulation. Respondent confirmed to
PETITIONERS' CONSENSUAL REQUEST FOR CONTINUANCE

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M s . Rackley that he agreed to the continuance, and he promised her that the signed s tip u la tio n would be placed in the mail within a day. 8 . As of this writing, the stipulation has not been received. I declare under penalty of perjury that the foregoing is true and correct. Executed o n October 29, 2010. /s/ Y Himel YOSHINORI H. T. HIMEL ORDER IT IS HEREBY ORDERED that the Order to Show Cause Hearing is hereby C O N T IN U E D to Thursday, December 2, 2010, at 10:00 a.m. in Courtroom 25. Respondent is to appear on this new date. The Clerk shall serve this order by mail to Y o u n e s Usufy at: 2345 Northrop Avenue, Apt. 205B, Sacramento, California, 95825 and a t 2496 Pheasant Hollow Drive, West Sacramento, California, 95691. Respondent is re m in d e d that he is still obligated to comply with the provisions of the court's order to s h o w cause dated August 23, 2010. (See Dkt. No. 3., setting forth, among other things, r e sp o n d e n t 's obligation to oppose or stipulate to enforcement of the summons at least f o u rte e n days prior to the December 2, 2010 hearing date). DATED: November 1, 2010

_____________________________________ K E N D A L L J. NEWMAN U N IT E D STATES MAGISTRATE JUDGE

PETITIONERS' CONSENSUAL REQUEST FOR CONTINUANCE

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