United States of America et al v. Augusto

Filing 11

ORDER compelling respondent to appear at IRS office; vacating hearing on 8 Order to Show Cause; vacating case management conference; setting status hearing. Signed by Judge James Ware on December 14, 2011. (jwlc2, COURT STAFF) (Filed on 12/14/2011)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION
NO. C 11-04416 JW

United States of America,

11

ORDER COMPELLING RESPONDENT
TO APPEAR AT THE IRS OFFICE FOR
EXAMINATION; VACATING ORDER TO
SHOW CAUSE HEARING AND CASE
MANAGEMENT CONFERENCE;
SETTING STATUS HEARING

Petitioner,
v.

For the Northern District of California

United States District Court

10

12
Christopher J. Augusto,
13
Respondent.
14
15

/
This case is scheduled for both an Order to Show Cause hearing and a Case Management

16

Conference on December 19, 2011. (See Docket Item No. 8.) In its Order setting the Order to Show

17

Cause hearing, the Court ordered Respondent to appear to show cause, if any, why he “should not be

18

compelled to appear and provide documents and testimony as requires by the summonses served

19

upon Respondent as alleged in the Petition.” (Id. at 1.) The Order provided Respondent with a

20

timeline for responding to the Petition by the government. (Id.) To date, no response has been

21

received by the Court.

22

On December 13, 2011, the government filed a Case Management Statement. (Docket Item

23

No. 10.) In its Statement, the government contends that “around October 19, 2011,” Respondent

24

“agreed to contact the IRS and comply” with its summons, though Respondent “has not contacted

25

the IRS [or] complied with the summons” since that time. (Id. at 1-2.) Further, the government

26

contends that at the Order to Show Cause hearing it will “ask that the summons be enforced and that

27

Respondent be required to comply by January 31, 2012.” (Id. at 2.) Alternatively, the government

28

contends that if “no hearing is held” on the Order to Show Cause, then the government will file a

1

proposed order requiring Respondent to comply with the summons by January 31, 2012, and

2

providing that this case “will be dismissed unless the government notifies the Court by January 31,

3

2012, that Respondent has not complied and further action is needed.” (Id.)

4

In light of the government’s contentions in its Case Management Statement, the Court finds

5

good cause to VACATE both the Case Management Conference and the Order to Show Cause

6

hearing and ORDERS as follows:

7

(1)

On or before January 31, 2012, Respondent shall appear at the designed IRS office

8

and provide documents and testimony as required by the summonses served upon

9

Respondent as alleged in the Petition.
(2)

The Court sets February 13, 2012 at 9 a.m. as a Status Hearing re. IRS Petition. On

11
For the Northern District of California

United States District Court

10

or before February 3, 2012, the government shall either file a Status Report on

12

Respondent’s compliance or a dismissal of the action if Respondent has sufficiently

13

complied with the Petition.

14

(3)

The government shall serve this Order on Respondent on or before December 20,

15

2011. The government shall clearly set forth the designated location at which

16

Respondent is to appear for examination.

17
18
19

Dated: December 14, 2011
JAMES WARE
United States District Chief Judge

20
21
22
23
24
25
26
27
28

2

1

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

2

Blake D. Stamm [e-mail]
Thomas M. Newman [e-mail]

3
4

Dated: December 14, 2011

Richard W. Wieking, Clerk

5
By:
6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy