United States of America et al v. Blot

Filing 12

STIPULATION AND ORDER for dismissal re 10 Stipulation filed by United States of America. Signed by Judge Edward M. Chen on 11/13/09. (bpf, COURT STAFF) (Filed on 11/13/2009)

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JOSEPH P. RUSSONIELLO United States Attorney THOMAS M. NEWMAN (NYSBN 4256178) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102 Telephone: [phone] Fax: [phone] Attorneys for the United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA and ETHAN WALPOLE, Revenue Officer, Petitioners, v. JEAN-SEBASTIEN BLOT, Respondent. 1. ) ) CASE NO. 09-cv-3722-EMC ) ) STIPULATION RE: (1) ENFORCING ) SUMMONS, (2) VACATING CASE ) MANAGEMENT CONFERENCE, ) (3) CONSENTING TO JURISDICTION ) OF MAGISTRATE JUDGE, & ) (4) DISMISSING CASE ) )

Currently, a Case Management Conference is set in this matter on November 17,

2009, at 1:30 p.m. On November 10, 2009, the parties submitted a joint Case Management Statement that provides dates for voluntary compliance with the summons at issue, which is attached to the petition filed in this case. As noted in the Case Management Statement, the parties agree that respondent shall provide the documents requested in the summons by January 30, 2010. 2. The parties further agree that the summons served on respondent, which is the

summons at issue in this matter, is enforceable in that: (1) there is a legitimate purpose for the request; (2) that the material sought is relevant to that purpose; (3) the material sought is not already within the IRS's possession; and (4) those administrative steps which are required have been satisfied. 3.
STIPULATION 09-cv-3722-EMC

In accordance with the provisions of Title 28, U.S.C. Section 636(c), the parties -1-

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STIPULATION 09-cv-3722-EMC

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA and ETHAN WALPOLE, Revenue Officer, Petitioners, v. JEAN-SEBASTIEN BLOT, Respondent. ) ) CASE NO. 09-cv-3722-EMC ) ) ) [Proposed] ORDER ) ) ) ) ) )

In accordance with the parties' stipulation, the (1) Case Management Conference on November 17, 2009, is VACATED, (2) the stipulation setting forth a time to comply with the summons is approved, and (3) this case is DISMISSED without prejudice. IT IS SO ORDERED.
13 Dated: November __, 2009

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