Filing 23

ORDER by Judge Susan Illston granting 19 Motion for show cause hearing re: contempt (tfS, COURT STAFF) (Filed on 3/15/2013) (Additional attachment(s) added on 3/15/2013: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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1 MELINDA HAAG (CABN 132612) United States Attorney 2 3 4 THOMAS MOORE (ALBN 4305-O78T) Chief, Tax Division 7 CHARLES PARKER Special Assistant United States Attorney 450 Golden Gate Ave., Box 36055 San Francisco, CA 94102 Telephone: (415) 436-7149 Facsimile: (415) 436-7009 Email: charles.parker@usdoj.gov 8 Attorneys for the United States of America 5 6 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 UNITED STATES OF AMERICA, et al., Case No. CV 12-0892 SI [Proposed] ORDER Petitioners, v. 14 15 BARBARA A. SANCEN, 16 Respondent. 17 18 Upon consideration of the United States Second Motion for Order Finding Respondent 19 in Contempt (Dkt. No. 19) and all the pleadings on the record, the Court finds that Respondent 20 Barbara Sancen ( Respondent ) is in contempt of this Court s September 21, 2012, Order, 21 requiring her to comply with the Internal Revenue Service Summons. The Court further finds 22 that the United States has established by clear and convincing evidence that Respondent has 23 violated the Court order and Respondent may be coercively confined under Title 18, United 24 States Code, Section 401, for her failure to comply with the Court s Order. 1 Accordingly, IT IS HEREBY ORDERED that Respondent Barbara A. Sancen appear 2 before the Court on the 3rd day of May, 2013, at 9:00 a.m., in Courtroom No. 10, 19th Floor, 3 United States District Court, 450 Golden Gate Avenue, San Francisco, California, and then and 4 there show cause, if any, why Respondent should not be coercively confined by the Court under 5 Title 18, United States Code, Section 401, until she complies with the Internal Revenue Service 6 summons. 7 It is further ORDERED that: 8 1. 9 If Respondent Barbara A. Sancen does not appear before the Court on May 3, 2013, and present sufficient evidence why should she not be coercively confined, a bench 10 warrant will be issued for the arrest of Respondent Barbara A. Sancen that will subject her to 11 coercive confinement until she obeys the Court s Orders; 12 2. Respondent Barbara A. Sancen may comply with the Court s Orders by appearing 13 before Revenue Office Belden Granada, of the Internal Revenue Service, at 55 South Market 14 Street, Sixth Floor, Suite 610, San Jose, California 95113, on or before April 1, 2013, and 15 provide the testimony and documents requested in the Internal Revenue Service summons. 16 3. A copy of this Order, together with the Petition to Enforce Internal Revenue 17 Service Summons and supporting papers, shall be served upon Respondent in accordance with 18 Rule 5 of the Federal Rules of Civil Procedure at least thirty-five days before the date set for the 19 show-cause hearing; 20 4. Since the government has shown by clear and convincing evidence that 21 Respondent Barbara A. Sancen has violated the Court s Order, and further that the respondent 22 has not substantially complied with the Order, the burden has shifted to Respondent to oppose 23 the coercive confinement. See United States v. Bright, 596 F.3d 683, 694 (9th Cir. 2010). 24 [Proposed] ORDER Civil No. 12-0892 SI 2 1 5. If Respondent has any defense or opposition to coercive confinement, such 2 defense or opposition shall be made in writing, filed with the Clerk and served on counsel for the 3 United States, at least 21 days prior to the date set for the show-cause hearing. The United States 4 may file a reply memorandum to any opposition at least 14 days prior to the date set for the 5 show-cause hearing. 6 6. At the show-cause hearing, the Court will consider all issues raised by 7 Respondent. Only those issues brought into controversy by the responsive pleadings and 8 supported by an affidavit or declaration will be considered. Any uncontested allegation in the 9 Petition will be considered admitted. 10 ORDERED this 15th day of March , 2013, at San Francisco, California. 11 12 SUSAN ILLSTON UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 [Proposed] ORDER Civil No. 12-0892 SI 3

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