United States of America et al v. Barnett

Filing 18

STIPULATION AND ORDER 17 to Reschedule Hearing on Order to Show Cause Re: Enforcement of I.R.S. Summons. Order to Show Cause Hearing set for 5/22/2009 09:00 AM. Signed by Judge Ronald M. Whyte on 5/7/09. (jg, COURT STAFF) (Filed on 5/7/2009)

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JOSEPH RUSSONIELLO (CSBN 44332) United States Attorney THOMAS MOORE (ASBN 4305-O78T) Assistant United States Attorney Chief, Tax Division CYNTHIA STIER (DCBN 423256) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Attorneys for the United States of America

*E-FILED - 5/7/09*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNITED STATES OF AMERICA and CHEERLEN CHANG, Revenue Agent, Petitioners,

v. 18 19 20 Respondent. 21 22 23 24 25 26 27 28 NEAL BARNETT, individually and NEAL BARNETT, AS PRESIDENT OF SIGN-ON SYSTEMS, INC.

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NO. CV 09-0483-RMW NO. CV 09-0484-RMW

xxxxxxxxx STIPULATION and [PROPOSED] ORDER TO RESCHEDULE HEARING ON ORDER TO SHOW CAUSE RE: ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS
22 xx Date: May 15, 2009 Time: 9:00 a.m. Place: Courtroom 6, Fourth Floor

The parties hereby stipulate and agree, subject to the Court's approval, to the following: 1. On February 3, 2009, the United States filed two Verified Petitions to Enforce

Internal Revenue Service Summonses, one for for Neal Barnett, individually, and as President of Sign-On Systems, Inc. United States v. Neal Barnett, Case No. CV 09-0484-RMW (N.D. Calif,); United States v. Neal Barnett, as President of Sign-On Systems, Inc., Case No. CV 09-0483RMW (N.D. Calif.). These cases were consolidated by Order entered March 5, 2009. //

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2. The Court entered an Order to Show Cause re: Enforcement of Internal Revenue Summons, scheduling the hearing for April 10, 2009. 3. Pursuant to a Stipulation by the parties, the Court ordered Neal Barnett to appear at

the office of Ms. Cheerlen Chang, Internal Revenue Agent, 55 South Market Street, Suite 600, San Jose, California 95113, on April 27, 2009, at 9:00 a.m, to comply with both summonses, and continued the hearing on the Order to Show Cause to May 8, 2009. 4. Mr. Barnett did appear before Agent Chang; however, there are several issues which

Agent Chang wants addressed which require additional time for Mr. Barnett to respond. 5. Accordingly, the parties stipulate and request that this Court reschedule the hearing on the Order to Show Cause re: Enforcement of Internal Revenue Summons, currently scheduled for

xx May 8, 2009, to May 15, 2009, at 9:00 a.m. 22
SO STIPULATED: Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney DATED: May 6, 2009 /s/ Cynthia Stier CYNTHIA STIER Assistant United States Attorney Tax Division Attorneys for the United States BERLINER COHEN DATED: May 6, 2009 _/s/_________________ FRANK R. UBHAUS CHRISTIAN E. PICONE Attorneys for Respondent, Neal Barnett, individually and as President of Sign-on Systems, Inc.

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Stipulation and [proposed] Order, xxxxx Case Nos. 09-0483-RM W and 09-0484

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Stipulation and [proposed] Order, xxxxx Case Nos. 09-0483-RM W and 09-0484

ORDER Pursuant to the Stipulation of the parties, and for good cause shown, IT IS ORDERED that the hearing on the Order to Show Cause re: Enforcement of Internal Revenue Summons, 22 currently schedule for May 8, 2009 at 9:00 a.m. is rescheduled to May 15, 2009, at 9:00 a.m. xx SO ORDERED this 7 California. RONALD M. WHYTE UNITED STATES DISTRICT JUDGE day of

May

, 2009, at San Jose,

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