United States Of America et al v. Allison

Filing 21

ORDER RELEASING RESPONDENT FROM CUSTODY; SETTING STATUS HEARING. On October 4, 2010 at 9 a.m., Respondent Allison and the representative of the Petitioner shall appear for a Status Hearing re: Compliance with the IRS summons. On orbefore September 24 , 2010, the parties shall file a Joint Status Report Statement updating the Court on the status of Respondent's compliance. The United States Marshal shall serve a copy of this Order on Respondent Allison and immediately release Respondent Allison from custody. Signed by Judge James Ware on 7/19/2010. (ecg, COURT STAFF) (Filed on 7/19/2010)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, et al., Petitioners, ) ) ) ) ) ) ) ) ) ) ) No. 08-cv-3736-JW ORDER RELEASING [proposed] ORDER RESPONDENT FROM CUSTODY; SETTING STATUS HEARING

15 DENNIS ALLISON, 16 17 18 19 20 21 22 23 24 25 26 27 28 Respondent.

This matter came before the Court on July 19, 2010, upon the Court's Order to Show Cause Re: Contempt entered December 9, 2008. The Order directed respondent to appear and show cause, if any, why he should not be held in contempt for his failure to comply with the Order Enforcing the Internal Revenue Summons. (Docket No. 13). The Court's Order regarding contempt followed service on respondent of the Verified Petition to Enforce the IRS Summons, Case Management Order, and Magistrate Judge Lloyd's Order to Show Cause. (Docket Nos. 1, & 3-5). Following a hearing before Magistrate Judge Lloyd, and re-assignment to the undersigned, the Court Ordered the summons enforced and the docket indicates service of that Order was made on respondent. (Docket Nos. 7-11). To date, respondent has not complied with the Court's Order Enforcing the Summons. It is hereby ORDERED that respondent Dennis Allison is in contempt of this Court's Order enforcing the summons, and respondent is fined $250 per day from July 19, 2010 until the [propose] ORDER Case No. 08-cv-3736-JW

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1 date heThe Court with the Order enforcing the summons.of the Court's Order enforcing the complies finds Respondent Allison in contempt 2 IT IS FURTHER ORDERED that if respondent Dennis Allison complies with the summons. Respondent is fined $250 per day from July 19, 2010 until he turns over financial 3 OrdeSeptember 17, 2010, he will be purged of the $250 per day fine that might have accrued r by August 27, 2010, records from July-September 2007. It is further ordered that if Respondent Dennis Allison 4 against him for his failure to comply with the Order enforcing the summons. 5 complies RDERED this O with the turn over Order by Septemberat San Jose, California. consider purging the day of July, 2010 17, 2010, the Court will 6 $250 per day fine. 7 8 9 10 JAMES WARE On October 4, 2010 at 9 a.m., Respondent Allison and the representative of the UNITED STATES DISTRICT JUDGE Petitioner shall appear for a Status Hearing re: Compliance with the IRS summons. On or before September 24, 2010, the parties shall file a Joint Status Report Statement updating the

11 Court on the status of Respondent's compliance. 12 13 14 15 16 Dated: July 19, 2010 17 18 19 20 21 22 23 24 25 26 27 28 [propose] ORDER Case No. 08-cv-3736-JW ______________________________ JAMES WARE United States District Judge The United States Marshal shall serve a copy of this Order on Respondent Allison and immediately release Respondent Allison from custody.