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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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)
) No. 11-cv-1793 JSW
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Plaintiffs,
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) [Proposed] ORDER
v.
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MARK OTTOVICH,
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Respondent.
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__________________________________ )

UNITED STATES OF AMERICA and
11 JON SUSTARICH, Revenue Officer
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On September 21, 2010, Respondent was served with an IRS summons, requiring
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Respondent to appear before the IRS on October 5, 2010, and to produce certain
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testimony and documents required by the summons. The Respondent did not appear on
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October 5, 2010, as required by the summons.
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Due to the Respondent’s failure to comply with the summons, the Petitioners filed
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a Verified Petition to Enforce an Internal Revenue Service Summons. This Court entered
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its Order To Show Cause Re Enforcement Of Internal Revenue Service Summons and
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required Respondent to appear before this Court on July 29, 2011. The Order To Show
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Cause hearing was continued to September 2, 2011. At the hearing on September 2,
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2011, the Court ordered enforcement of the summons and required Respondent to appear
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before the IRS on or before September 30, 2011.
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Respondent has not complied with the summons by providing Petitioners with the
summoned records, nor has he provided the required testimony.

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The Court having considered the record herein, it is hereby

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ORDERED that Respondent Mark Ottovich is in contempt of this Court’s Order

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Enforcing Summons, and Respondent is fined $500 per day from March 1, 2012, until the

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date that he complies with the Order Enforcing Summons.

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IT IS FURTHER ORDERED that if Respondent Mark Ottovich complies with

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the Order Enforcing the Summons within thirty days of this date, by personally appearing

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before Adam Nolan, 1301 Clay Street, Suite 1040-South, Oakland California, and

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producing the records and testimony sought in the summons on or before April 1, 2013,

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he will be purged of the $500 per day fine that might have accrued against him for his

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failure to comply with the Order.

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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.

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JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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United States v. Mark Ottovich
[proposed] Order

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