United States of America et al v. Benson

Filing 5

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 11/16/2012 10:00 AM.. Signed by Judge Charles R. Breyer on 10/4/2012. (beS, COURT STAFF) (Filed on 10/4/2012)

Case3:12-cv-04892-CRB Document4 Filed10/03/12 Page1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA and BILL )
RYDER, Revenue Officer
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Petitioners,
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v.
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BURTON O. BENSON,
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Respondent.
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_____________________________________ )

No. CV 12-4892 CRB
[Proposed]
AMENDED ORDER TO SHOW
CAUSE RE ENFORCEMENT OF
INTERNAL REVENUE SERVICE
SUMMONS

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Good cause having been shown by the petitioners upon its petition filed in the above-

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entitled proceeding on September 19, 2012, it is hereby:
ORDERED that respondent BURTON O. BENSON appear before this Court on the

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16th day of November, 2012, at 10:00 a.m., in Courtroom No. 6, 17th Floor, United

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States District Court, 450 Golden Gate Avenue, San Francisco, California, and then and

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there show cause, if any, why respondent should not be compelled to appear and provide

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documents and testimony as required by the summons heretofore served upon respondent

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as alleged and set forth in particular in said petition; and it is further

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//

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//

Case3:12-cv-04892-CRB Document4 Filed10/03/12 Page2 of 2

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ORDERED that a copy of this Amended Order to Show Cause, together with a copy

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of the aforesaid petition, be served upon said respondent in accordance with Rule 4 of the

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Federal Rules of Civil Procedure at least thirty-five (35) days before the return date of

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this Order above specified; and it is further

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ORDERED that within twenty-one (21) days before the return date of this Order,

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respondent may file and serve a written response to the petition, supported by appropriate

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affidavit(s) or declaration(s) in conformance with 28 U.S.C. § 1746, as well as any

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motion respondent desires to make, that the petitioners may file and serve a written reply

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to such response, if any, within fourteen (14) days before the return date of this Order;

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that all motions and issues raised by the pleadings will be considered on the return date of

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this Order, and only those issues raised by motion or brought into controversy by the

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responsive pleadings and supported by affidavit(s) or declaration(s) will be considered at

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the return of this Order, and any uncontested allegation in the petition will be considered

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admitted.

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[Proposed] Amended Order to Show Re Cause
Enforcement of IRS Summons

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San Francisco
, 2012, at________________, California.
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UNITED STATES DISTRICT JUDGE
ERED
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October

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4th day of

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ORDERED this

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