United States of America v. O'Neal

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/2015 ORDERING that the Order to Show Cause hearing, currently set for 10/22/2015, at 10:00 a.m., is continued to Thursday, 12/3/2015, at 10:00 a.m., in Courtroom No. 25. (Zignago, K.)

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
Attorneys for Petitioner United States of America
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,
Petitioner,

13

OLD HEARING DATE

v.

14

PETITIONER’S REQUEST FOR
CONTINUANCE OF ORDER TO SHOW
CAUSE HEARING AND [PROPOSED]
ORDER

Respondent.

12

ROBERT E. O’NEAL,

15

2:15-MC-00088-MCE-KJN

17

Date: Thursday, October 22, 2015
Time: 10:00th
a.m.
Ctrm: 25 – 8 Floor

18

NEW HEARING DATE

19

Date: Thursday, December 3, 2015
Time: 10:00th
a.m.
Ctrm: 25 – 8 Floor

16

20
21
22

Petitioner, the UNITED STATES OF AMERICA, hereby requests that the Court grant a

23 continuance of the Order to Show Cause Hearing Re: Tax Summons Enforcement currently
24 scheduled for Thursday, October 22, 2015, at 10:00 a.m., in Courtroom No. 25, before the
25 Honorable Kendall J. Newman. The additional time is needed: (1) to make further attempts of
26 service upon the respondent, Robert E. O’Neal; and (2) to have sufficient time to file an ex parte
27 Motion for Alternate Service of Process because all previous attempts at service have failed. A
28 proposed Order is submitted herewith.

30

PETITIONER’S REQUEST FOR CONTINUANCE OF
ORDER TO SHOW CAUSE AND [PROPOSED] ORDER

1

1

Respectfully submitted,

2 DATED: September 24, 2015

BENJAMIN B. WAGNER
United States Attorney

3

By:

4
5
6

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

7
8
9

ORDER

10
11

Based on the request of Petitioner for additional time in order to serve Respondent, the

12 Order to Show Cause hearing, currently set for October 22, 2015, at 10:00 a.m., is continued to
13 Thursday, December 3, 2015, at 10:00 a.m., in Courtroom No. 25.
14

IT IS SO ORDERED.

15
16 Dated: September 24, 2015
17
18
19
20
21
22
23
24
25
26
27
28

30

PETITIONER’S REQUEST FOR CONTINUANCE OF
ORDER TO SHOW CAUSE AND [PROPOSED] ORDER

2