United States of America et al v. Atienza et al

Filing 16

AMENDED ORDER ENFORCING SUMMONS. Signed by Judge ARMSTRONG on 10/14/11. (lrc, COURT STAFF) (Filed on 10/17/2011)

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1 2 3 4 5 6 MELINDA HAAG (CABN 13612) United States Attorney THOMAS MOORE (ALBN 4305-O78T) Assistant United States Attorney Chief, Tax Division CYNTHIA STIER (DCBN 423256) Assistant United States Attorney 11th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7000 Attorneys for the United States of America 7 UNITED STATES DISTRICT COURT 8 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 13 14 15 16 17 18 ) ) No. CV 11-01647 SBA UNITED STATES OF AMERICA and ALEXANDRO DIXON, Revenue Officer, ) ) ) Petitioners, ) ) AMENDED ORDER ENFORCING v. ) SUMMONS ) CLODUALDO A. ATIENZA and ) ALICIA G. ATIENZA, ) ) Respondents. ) Pursuant to this Court’s Order to Show Cause Re Enforcement of Internal Revenue 19 Service Summons (“OSC”), Respondents had sixty days from the date of service of the 20 OSC to file a written response to the Verified Petition to Enforce Revenue Summons and 21 any related motions as to why the summons should not be enforced. Dkt. 8, 12. 22 Respondents were properly served with the OSC on June 9, 2011, and therefore their 23 written response to the petition and any related motions were due by no later than August 24 8, 2011. Id. To date, Respondents have failed to respond to the OSC and have failed to 25 file any written response to the petition and related motions. In light of Respondents’ 26 lack of compliance with the OSC, upon a finding of good cause after review of the record, 27 including the Verified Petition to Enforce Internal Revenue Summons, IT IS HEREBY 28 ORDERED THAT: Respondents, CLODUALDO A. ATIENZA and ALICIA G. ATIENZA, appear 1 before Internal Revenue Service Revenue Officer ALEXANDRO DIXON, or any other 2 designated agent, on November 15, 2011, at 10:00 a.m., at the Office of the Internal 3 Revenue Service, located at 450 Golden Gate Avenue, 6th Floor, San Francisco, 4 California, and then and there give testimony relating to the matters described in the 5 subject Internal Revenue Service summons, a copy of which is attached hereto as 6 Exhibit A, and produce for the Revenue Officer’s inspection and copying the 7 Respondents records also described in the subject Internal Revenue Service summons. 8 9 10 ORDERED this 14th day of October, at Oakland, California. 11 12 13 . SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 US v. Atienza No. 11-01647 SBA; [Proposed] Order Enforcing Summons 2

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