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)

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Case3:12-cv-04892-CRB Document4 Filed10/03/12 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 BILL ) RYDER, Revenue Officer ) ) Petitioners, ) ) v. ) ) BURTON O. BENSON, ) ) Respondent. ) ) _____________________________________ ) No. CV 12-4892 CRB [Proposed] AMENDED ORDER TO SHOW CAUSE RE ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS 18 Good cause having been shown by the petitioners upon its petition filed in the above- 19 20 entitled proceeding on September 19, 2012, it is hereby: ORDERED that respondent BURTON O. BENSON appear before this Court on the 21 22 16th day of November, 2012, at 10:00 a.m., in Courtroom No. 6, 17th Floor, United 23 States District Court, 450 Golden Gate Avenue, San Francisco, California, and then and 24 there show cause, if any, why respondent should not be compelled to appear and provide 25 documents and testimony as required by the summons heretofore served upon respondent 26 as alleged and set forth in particular in said petition; and it is further 27 // 28 // Case3:12-cv-04892-CRB Document4 Filed10/03/12 Page2 of 2 1 ORDERED that a copy of this Amended Order to Show Cause, together with a copy 2 of the aforesaid petition, be served upon said respondent in accordance with Rule 4 of the 3 Federal Rules of Civil Procedure at least thirty-five (35) days before the return date of 4 this Order above specified; and it is further 5 ORDERED that within twenty-one (21) days before the return date of this Order, 6 respondent may file and serve a written response to the petition, supported by appropriate 7 affidavit(s) or declaration(s) in conformance with 28 U.S.C. ยง 1746, as well as any 8 motion respondent desires to make, that the petitioners may file and serve a written reply 9 to such response, if any, within fourteen (14) days before the return date of this Order; 10 that all motions and issues raised by the pleadings will be considered on the return date of 11 this Order, and only those issues raised by motion or brought into controversy by the 12 responsive pleadings and supported by affidavit(s) or declaration(s) will be considered at 13 the return of this Order, and any uncontested allegation in the petition will be considered 14 admitted. 20 harle Judge C 23 A H ER LI RT 22 N F D IS T IC T O R 24 25 26 27 28 [Proposed] Amended Order to Show Re Cause Enforcement of IRS Summons yer s R. Bre NO 21 R NIA 19 San Francisco , 2012, at________________, California. S DISTRICT TE C TA UNITED STATES DISTRICT JUDGE ERED O ORD IT IS S FO 18 October RT U O 17 4th day of S 16 ORDERED this UNIT ED 15 2 C

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