Brinskele v. The United States

Filing 19

CORRECTION OF DOCKET # 18 . ORDER by Magistrate Judge Donna M. Ryu granting 16 Motion for Order to Show Cause. (dmrlc1, COURT STAFF) (Filed on 12/12/2013)

MELINDA HAAG (CABN 13612)
United States Attorney
KATHERYN KENEALLY
Assistant Attorney General for Tax Division
ALLIE C. YANG-GREEN
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 310
Washington, DC 20044
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for the United States of America
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
EDWARD A. BRINSKELE,

)
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Plaintiff,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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____________________________________)
VIR2US, INC.,
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Garnishee.
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____________________________________)

Case No. 3:13-mc-80094-JSW (DMR)

[Proposed]
ORDER TO SHOW CAUSE RE
WRIT OF GARNISHMENT
DIRECTED TO VIR2US, INC. AS
AMENDED

Having considered the United States’ Motion for Order to Show Cause Directed to
Garnishee Vir2us, Inc., and any responses thereto, it is hereby ordered that:
1. United States’ Motion for Order to Show Cause Directed to Garnishee Vir2us, Inc. is
granted;

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10786139.1

2. Garnishee Vir2us, Inc. (“Garnishee”) shall appear before this Court on the 23rd day of
January, 2014, at 11:00 a.m., at the U.S. District Court, 1301 Clay Street, Oakland,
California 94612 (for courtroom number and floor information, please check the Court’s
on-line calendar at http://www.cand.uscourts.gov (click “Calendars - Judges' Weekly
Calendars” link, then select Judge Ryu’s calendar)), and show cause, if any, why the
Garnishee failed to comply with the writ of garnishment issued on October 24, 2013
(Dkt. No. 13) (“Writ”), and why the Court should not enter judgment against the
Garnishee for the value of Judgment Debtor Edward Brinskele (“Debtor”)’s nonexempt
interest in property that was and is within the Garnishee’s custody, control or possession,
as of October 28, 2013;
3. The Garnishee shall appear on the above-listed time and place and answer the Writ;
4. The Garnishee shall withhold and retain any property within its custody, control or
possession, in which the Debtor has a substantial nonexempt interest and for which the
Garnishee is or may become indebted to the Debtor.
Upon receipt of this Order, the United States shall immediately serve a copy of the Order on the

DERED

O OR
IT IS S

NO

_______________________________
Hon. Donna M. Ryu
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United States Magistrate na M. R
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IT IS SO ORDERED on 12th day of December, 2013.

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Debtor and the Garnishee and file a proof of service.

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F
D IS T IC T O
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10786139.1