United States of America et al v. Atienza et al

Filing 8

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 10/11/2011 01:00 PM.. Signed by Judge ARMSTRONG on 5/10/11. (lrc, COURT STAFF) (Filed on 5/11/2011)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
OAKLAND DIVISION
10
11
12
13
14
15
16

)
)
)
)
Petitioners,
)
)
v.
)
CLODUALDO A. ATIENZA and
)
)
ALICIA G. ATIENZA,
)
Respondents.
)
____________________________________ )
UNITED STATES OF AMERICA and
ALEXANDRO DIXON, Revenue Agent,

NO. 11-01647 SBA
ORDER TO SHOW CAUSE RE
ENFORCEMENT OF INTERNAL
REVENUE SERVICE SUMMONS

17
Good cause having been shown by the petitioner upon its petition filed in the above18
entitled proceeding on April 5, 2011, it is hereby:
19
ORDERED that respondents Clodualdo A. Atienza and Alicia G. Atienza appear before
20
this Court on the next available hearing date of October 11, 2011 at 1:00 p.m., in Courtroom No.
21
1, 4th Floor, United States District Court, 1301 Clay Street, Oakland, California, and then and
22
there show cause, if any, why respondents should not be compelled to appear and provide
23
documents and testimony as required by the summons heretofore served upon respondents as
24
alleged and set forth in particular in said petition; and it is further
25
ORDERED that a copy of this Order to Show Cause, together with a copy of the
26
aforesaid petition, be served upon said respondents in accordance with Rule 4 of the Federal
27
Rules of Civil Procedure no later than fourteen (14) days from the date of this Order; and it is
28
further

1

ORDERED that within sixty (60) days after service of this Order, respondents may file

2

and serve a written response to the petition, supported by appropriate affidavit(s) or

3

declaration(s) in conformance with 28 U.S.C. § 1746, as well as any motion respondents desire

4

to make; that the petitioner may file and serve a written reply to such response, if any, within

5

twenty (20) days after filing and service of respondents’ response; that all motions and issues

6

raised by the pleadings will be considered at the October 11, 2011 hearing, and only those issues

7

raised by motion or brought into controversy by the responsive pleadings and supported by

8

affidavit(s) or declaration(s) will be considered at the October 11, 2011 hearing, and any

9

uncontested allegation in the petition will be considered admitted. Pursuant to Federal Rule of

10

Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court, in its discretion, may resolve any

11

motion without oral argument. The parties are advised to check the Court’s website to determine

12

whether a court appearance is required.

13

IT IS SO ORDERED.

14
15

Dated: May 10, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
ORD. TO SHOW CAUSE RE ENF.
OF IRS SUMMONS

2