United States of America v. Pamela Dela-Cruz

Filing 4

Notice of Hearing and Order to Show Cause. Respondent shall file any written objection to the petition 1 by January 27, 2016. If Respondent files a written objection, a hearing will be held on 2/11/2016 11:00 AM. Signed by Judge Donna M. Ryu on 12/30/2015. (dmrlc3, COURT STAFF) (Filed on 12/30/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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UNITED STATES OF AMERICA,
Petitioner,

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v.
PAMELA DELA CRUZ,
Respondent.

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) No. 3:15-cv-5863
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) [PROPOSED] NOTICE OF HEARING AND
) ORDER TO SHOW CAUSE
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You, Pamela Dela Cruz, Respondent in this matter, are hereby notified that the United States has

17 petitioned this Court for an Order allowing the Internal Revenue Service to levy upon the real property
18 located at 252 E. 17th Street, Pittsburg, California 94565 (the "Subject Property") in order to sell your
19 interest to satisfy all or part of your unpaid federal income taxes, penalties, interest, and other statutory
20 additions for the income tax years 2009 through 2011, as set forth in Paragraphs seven (7) and eight (8)
21 of the Government's Petition.
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This Court has examined the Petition of the United States and accompanying Declaration of
until January 27, 2016
23 Revenue Officer Dana Brownbill, and it is hereby ORDERED that you have 25 days from the date of
24 this Order to file with the Clerk of the Court a written Objection to Petition. Any written Objection to
25 Petition should demonstrate either that:
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A. Your liability has been satisfied; or

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ORDER TO SHOW CAUSE,
3:15-CV-5863
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B. You have other assets from which the unpaid tax liabilities can be satisfied; or

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C. Applicable laws and administrative procedures relevant to the levy were not followed by
the Internal Revenue Service.

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It is FURTHER ORDERED that if you file a written Objection to Petition with the Clerk of the

February 11, 2016
5 Court, then the Court will hold a hearing, at which you must appear, on ________________________,
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6 20__, at _____ a.m./p.m., at the United States District Courthouse for the Northern District of
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7 California, 1301 Clay Street, Oakland, CA 94612 in the Courtroom of the undersigned, to
8 consider your objections.
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It is FURTHER ORDERED that, in addition to filing your Objection to Petition with the Clerk

10 of the Court, you must also mail a copy of your Objection to Petition to the attorney for the United
11 States, at the following addresses, on or before the filing date:
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Colin Sampson
Assistant United States Attorney, Tax Division
United States Attorney’s Office, Northern District of California
450 Golden Gate Avenue, Box 36055
San Francisco, CA 94102-3495

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If you do not file an Objection to Petition within 25 days of the date of this Order, or if you

17 file an Objection to Petition but fail to appear before the Court as instructed, the Court will enter
18 an Order Approving an Internal Revenue Service Levy on the Subject Property located at 252 E.
th
19 17 Street, Pittsburg, California 94565.

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It is FURTHER ORDERED that a copy of this NOTICE AND ORDER TO SHOW CAUSE,

21 together with the Petition and Declaration, shall be served upon Pamela Dela Cruz within 5 days of the
22 date of this Order, by the United States Marshal or any deputy U.S. Marshal, or any Revenue Officer of
23 the Internal Revenue Service, by delivering a copy in hand to Pamela Dela Cruz at the following
24 address:
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252 E. 17th Street, Pittsburg, California 94565
Service may also be completed by any other manner of service described in Rule 4(e)(1) of the

27 Federal Rules of Civil Procedure, including by leaving a copy at Pamela Dela Cruz’s usual place of
28 [PROPOSED] NOTICE OF HEARING AND
ORDER TO SHOW CAUSE,
3:15-CV-5863
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1 abode with a person of suitable age and discretion residing therein.
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The Clerk shall forward copies of this Order to the attorneys for the United States at the address

3 indicated on its pleadings.
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IT IS SO ORDERED.

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December
Dated this __________________ day of ________________, 20___.
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30th

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NO

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Judge D

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M. Ryu

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UNITED STATES Magistrate JUDGE
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