United States of America et al v. Schmid

Filing 22

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 7/27/2010 01:00 PM.. Signed by Judge ARMSTRONG on 6/10/11. (lrc, COURT STAFF) (Filed on 6/11/2010)

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA and Petitioners, v. ) ) NO. CV-09-04722 SBA ) ) ) ) [Proposed] ORDER TO ) SHOW CAUSE RE: CONTEMPT ) ) ) ) 12 NICHOLAS BRUNETTI, Revenue Officer, 13 14 15 CELINE D. SCHMID, 16 17 18 Respondent. Good cause having been shown by the United States upon its Application For 19 Entry of Order To Show Cause Re: Contempt, it is hereby 20 ORDERED that respondent appear in person before this Court on July 27, 2010 21 at 1:00 p.m., in Courtroom 1, 4th Floor, United States Courthouse, 1301 Clay Street, 22 Suite 400 S, Oakland, California, and then and there show cause, if she has any, why she 23 should not be held in contempt for her failure to comply with the Report and 24 Recommendation Re: Enforcement of Internal Revenue Service Summons [Docket No. 1] 25 filed January 15, 2010; and it is further 26 ORDERED that a copy of this Order to Show Cause Re: Contempt be served 27 upon said respondent in accordance with Rule 5 of the Federal Rules of Civil Procedure 28 at least thirty-five (35) days before the return date of this Order above specified; and it is 1 further: 2 ORDERED that within twenty-eight (28) days before the return date of this Order, 3 the respondent may file and serve a written response to the Order To Show Cause Re: 4 Contempt, supported by appropriate affidavit(s) or declaration(s) in conformance with 28 5 U.S.C. Subsection 1746, as well as any motions he desires to make. If respondent fails 6 to timely respond to this Order, the Court will deem him to be in contempt, as set 7 for in petitioner's Application for Entry of Order to Show Cause re: Contempt, and 8 will enter a contempt order without further notice or a hearing. If respondent timely 9 files a response, petitioner may file and serve a written reply to such response, if any, 10 within fourteen (14) days before the return date of this Order. All motions and issues 11 raised by the pleadings will be considered on the return date of this Order, and only those 12 issues raised by motion or brought into controversy by the responsive pleadings and 13 supported by affidavit(s) or declaration(s) will be considered at the return of this Order. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] ORDER TO SHOW CAUSE RE: CONTEMPT (No. C-09-04722 SBA) ORDERED this 10th day of June 2010. SAUNDRA BROWN ARMSTRONG United States District Judge 2

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