United States of America et al v. Chung

Filing 5

ORDER TO SHOW CAUSE RE: ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS. Order to Show Cause Hearing set for 9/30/2011 at 09:30 AM. Signed by Judge Joseph C.Spero on 7/6/11. (klhS, COURT STAFF) (Filed on 7/6/2011)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 UNITED STATES OF AMERICA and SYLVESTER R. FERNANDO, Revenue Officer, ) ) ) ) Petitioners, ) ) v. ) ) IN BUM CHUNG, ) ) Respondent. ) ____________________________________ ) NO. CV 11-3118 JCS [Proposed] ORDER TO SHOW CAUSE RE ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS Good cause having been shown by the petitioner upon its petition filed in the aboveentitled proceeding on June 23 , 2011, it is hereby: ORDERED that respondent In Bum Chung appear before this Court on the 30th day 21 of September , 2011, at 9:30 a.m., in Courtroom No. G , 15th Floor, United States District 22 Court, 450 Golden Gate Avenue, San Francisco, California, and then and there show cause, if 23 any, why respondent should not be compelled to appear and provide documents and testimony as 24 required by the summons heretofore served upon respondent as alleged and set forth in particular 25 in said petition; and it is further 26 ORDERED that a copy of this Order to Show Cause, together with a copy of the 27 aforesaid petition, be served upon said respondent in accordance with Rule 4 of the Federal 28 Rules of Civil Procedure at least thirty-five (35) days before the return date of this Order above 1 2 specified; and it is further ORDERED that within twenty-one (21) days before the return date of this Order, 3 respondents may file and serve a written response to the petition, supported by appropriate 4 affidavit(s) or declaration(s) in conformance with 28 U.S.C. ยง 1746, as well as any motion 5 respondent desire to make, that the petitioner may file and serve a written reply to such response, 6 if any, within fourteen (14) days before the return date of this Order; that all motions and issues 7 raised by the pleadings will be considered on the return date of this Order, and only those issues 8 raised by motion or brought into controversy by the responsive pleadings and supported by 9 affidavit(s) or declaration(s) will be considered at the return of this Order, and any uncontested 10 allegation in the petition will be considered admitted. 11 ORDERED this 6th day of July , 2011, at San Francisco, California. 12 13 Joseph C. Spero UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORD. TO SHOW CAUSE RE ENF. OF IRS SUMMONS 2

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