United States of America et al v. Ottovich

Filing 48

ORDER RE: SECOND MOTION FOR ORDER FINDING RESPONDENT IN CONTEMPT. Signed by Judge Jeffrey S. White on 2/27/13. (jjoS, COURT STAFF) (Filed on 2/27/2013)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 10 ) ) No. 11-cv-1793 JSW ) ) Plaintiffs, ) ) [Proposed] ORDER v. ) ) MARK OTTOVICH, ) ) Respondent. ) __________________________________ ) UNITED STATES OF AMERICA and 11 JON SUSTARICH, Revenue Officer 12 13 14 15 16 On September 21, 2010, Respondent was served with an IRS summons, requiring 17 Respondent to appear before the IRS on October 5, 2010, and to produce certain 18 testimony and documents required by the summons. The Respondent did not appear on 19 October 5, 2010, as required by the summons. 20 Due to the Respondent’s failure to comply with the summons, the Petitioners filed 21 a Verified Petition to Enforce an Internal Revenue Service Summons. This Court entered 22 its Order To Show Cause Re Enforcement Of Internal Revenue Service Summons and 23 required Respondent to appear before this Court on July 29, 2011. The Order To Show 24 Cause hearing was continued to September 2, 2011. At the hearing on September 2, 25 2011, the Court ordered enforcement of the summons and required Respondent to appear 26 before the IRS on or before September 30, 2011. 27 28 1 2 Respondent has not complied with the summons by providing Petitioners with the summoned records, nor has he provided the required testimony. 3 The Court having considered the record herein, it is hereby 4 ORDERED that Respondent Mark Ottovich is in contempt of this Court’s Order 5 Enforcing Summons, and Respondent is fined $500 per day from March 1, 2012, until the 6 date that he complies with the Order Enforcing Summons. 7 IT IS FURTHER ORDERED that if Respondent Mark Ottovich complies with 8 the Order Enforcing the Summons within thirty days of this date, by personally appearing 9 before Adam Nolan, 1301 Clay Street, Suite 1040-South, Oakland California, and 10 producing the records and testimony sought in the summons on or before April 1, 2013, 11 he will be purged of the $500 per day fine that might have accrued against him for his 12 failure to comply with the Order. 13 14 15 16 IT IS FURTHER ORDERED that Petitioner’s counsel serve a copy of this ORDER and file a proof of service with the Court. The hearing date of March 1, 2013 is HEREBY VACATED. February ORDERED this 27th day of ________, 2013, at San Francisco, California. 17 18 19 20 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 United States v. Mark Ottovich [proposed] Order 2

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