United States of America et al v. Mazzaferro

Filing 11

ORDER GRANTING 10 Amended Order to Show Cause Re Enforcement of Internal Revenue Service Summons. Signed by Judge JEFFREY S. WHITE on 10/27/11. (jjoS, COURT STAFF) (Filed on 10/27/2011)

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Case3:11-cv-04751-JSW Document10 Filed10/27/11 Page1 of 2 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 ) ) UNITED STATES OF AMERICA and ) RENAEL THOMPSON, Revenue Officer, ) ) Petitioners, ) ) v. ) ) RONALD MAZZAFERRO, ) ) Respondent. ) ) No. C 11-4751 JSW [Proposed] AMENDED ORDER TO SHOW CAUSE RE ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS 18 19 Good cause having been shown by the petitioner upon its petition filed in the above- 20 entitled proceeding on September 27, 2011, it is hereby: 21 ORDERED that Respondent Ronald Mazzaferro appear before this Court on 22 January 6, 2012 at 9:00 a.m., in Courtroom No. 11, 19th Floor, United States District Court, 450 23 Golden Gate Avenue, San Francisco, California, and then and there show cause, if any, why 24 Respondent should not be compelled to appear and provide documents and testimony as required 25 by the summons heretofore served upon Respondent as alleged and set forth in particular said 26 petition; and it is further 27 ORDERED that a copy of this Amended Order to Show Cause Re Enforcement of 28 Internal Revenue Service Summons, together with a copy of the aforesaid petition, be served Case3:11-cv-04751-JSW Document10 Filed10/27/11 Page2 of 2 1 upon said Respondent in accordance with Rule 4 of the Federal Rules of Civil Procedure at least 2 thirty-five (35) days before the return date of this Amended Order to Show Cause Re 3 Enforcement of Internal Revenue Service Summons above specified; and it is further 4 ORDERED that within twenty-one (21) days before the return date of this Amended 5 Order to Show Cause Re Enforcement of Internal Revenue Service Summons, Respondent may 6 file and serve a written response to the petition, supported by appropriate affidavit(s) or 7 declaration(s) in conformance with 28 U.S.C. ยง 1746, as well as any motion Respondent desires 8 to make, that the petitioner may file and serve a written reply to such response, if any, within 9 fourteen (14) days before the return date of this Amended Order to Show Cause Re Enforcement 10 of Internal Revenue Service Summons; that all motions and issues raised by the pleadings will 11 be considered on the return date of this Amended Order to Show Cause Re Enforcement of 12 Internal Revenue Service Summons, and only those issues raised by motion or brought into 13 controversy by the responsive pleadings and supported by affidavit(s) or declaration(s) will be 14 considered at the return of this Amended Order to Show Cause Re Enforcement of Internal 15 Revenue Service Summons, and any uncontested allegation in the petition will be considered 16 admitted. 17 ORDERED this 27th day of October , 2011, at San Francisco, California. 18 19 The hearing previously set for December 2, 2011 at 9:00 a.m. is VACATED. UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 [Proposed] Amended Order to Show Cause Re 28 Enforcement of IRS Summons US v. Mazzaferro, No. 11-4751 JSW 2

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