United States of America et al v. Augusto

Filing 14

ORDER vacating status conference. Signed by Judge James Ware on February 7, 2012. (jwlc2, COURT STAFF) (Filed on 2/7/2012)

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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 VACATING STATUS CONFERENCE Petitioner, v. For the Northern District of California United States District Court 10 12 Christopher J. Augusto, 13 Respondent. 14 15 / On December 14, 2011, the Court issued an Order requiring Respondent to comply, on or 16 before January 31, 2012, with summonses issued by the IRS.1 In that Order, the Court set February 17 13, 2012 for a Status Hearing re. IRS Petition and ordered the government to file a “Status Report on 18 Respondent’s compliance or a dismissal of the action if Respondent has sufficiently complied.” (Id.) 19 On February 3, 2012, the government filed a Motion for Order Finding Respondent in Contempt, 20 which is calendared for March 12, 2012. (hereafter, “Motion for Contempt,” Docket Item No. 13.) 21 In its Motion for Contempt, the government contends that as of February 1, 2012, Respondent has 22 not complied with the IRS summonses. (Id. at 1-2.) 23 24 25 26 27 28 1 (Order Compelling Respondent to Appear at the IRS Office for Examination; Vacating Order to Show Cause Hearing and Case Management Conference; Setting Status Hearing at 2, Docket Item No. 11.) 1 In light of the pending Motion for Contempt, the Court finds that a Status Conference would 2 be futile at this time. Accordingly, the Court VACATES the February 13, 2012 Status Conference. 3 4 5 Dated: February 7, 2012 JAMES WARE United States District Chief Judge 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 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Blake D. Stamm blake.d.stamm2@usdoj.gov Thomas M. Newman thomas.newman2@usdoj.gov 3 4 Dated: February 7, 2012 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

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