United States Of America et al v. Le

Filing 7

Order by Hon. Lucy H. Koh granting 6 Motion to Reschedule Hearing on Order to Show Cause.(lhklc3S, COURT STAFF) (Filed on 7/2/2012)

Case5:12-cv-02302-LHK Document6 Filed06/26/12 Page1 of 2

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MELINDA HAAG (CABN 132612)

United States Attorney
THOMAS MOORE (ALBN 4305-O78T)
Assistant United States Attorney
Chief, Tax Division
CYNTHIA STIER (DCBN 423256)
Assistant United States Attorney
Tax Division
11th Floor Federal Building
450 Golden Gate Avenue, Box 36055
San Francisco, CA 94102
Telephone: [phone]
Fax:
[phone]
Attorneys for the United States of America

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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) NO. CV 12-2302-LHK
UNITED STATES OF AMERICA and )
SCOTT J. McKAGAN, Revenue Officer, ) ADMINISTRATIVE MOTION TO
) RESCHEDULE HEARING ON ORDER TO
Petitioners,
) SHOW CAUSE AND [PROPOSED]
) ORDER
v.
)
) Date: August 16, 2012
PHUC LE,
) Time: 1:30 p.m.
) Place: San Jose Federal Courthouse
Courtroom 8, 4th Floor
Respondent.
)
)
)
__________________________________ )
COMES NOW the United States of America and Scott McKagan, by and through its

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undersigned counsel, pursuant to Rule 7-11 of the Civil Local Rules for the Northern District of

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California, and moves this Court to reschedule the hearing on the Order to Show Cause,

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currently scheduled for July 12, 2012, at 1:30 p.m., to August 16, 2012, at 1:30 p.m., in order to

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enable Petitioners to timely serve Respondent, Phuc Lee.

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Respectfully submitted,

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MELINDA HAAG
United States Attorney

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/s/ Cynthia Stier
CYNTHIA STIER
Assistant United States Attorney
Tax Division

Case5:12-cv-02302-LHK Document6 Filed06/26/12 Page2 of 2

ORDER

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IT IS HEREBY ORDERED that the hearing on the Order to Show Cause, previously
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scheduled for July 12, 2012, is RESCHEDULED TO AUGUST 16, 2012, at 1:30 p.m., in

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Courtroom No. 8, 4th Floor, United States District Court, 280 South 1st Street, San Jose,

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California.

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IT IS FURTHER ORDERED that respondent PHUC LE appear before this Court on
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the 16th day of August, 2012, at 1:30 p.m., in Courtroom No. 8, 4th Floor, United States District

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Court, 280 South 1st Street, San Jose, California, and then and there show cause, if any, why

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respondent should not be compelled to appear and provide documents and testimony as required

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by the summons heretofore served upon respondent as alleged and set forth in particular in said

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petition; and it is further

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ORDERED that a copy of this Order to Show Cause, together with a copy of the

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aforesaid petition, be served upon said respondent in accordance with Rule 4 of the Federal

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Rules of Civil Procedure at least thirty-five (35) days before the return date of this Order above

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specified; and it is further

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ORDERED that within twenty-one (21) days before the return date of this Order,

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respondents may file and serve a written response to the petition, supported by appropriate

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

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respondent desire to make, that the petitioner may file and serve a written reply to such response,

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if any, within fourteen (14) days before the return date of this Order; that all motions and issues

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raised by the pleadings will be considered on the return date of this Order, and only those issues

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

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affidavit(s) or declaration(s) will be considered at the return of this Order, and any uncontested

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allegation in the petition will be considered admitted.

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ORDERED this

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day of

July

, 2012, at San Jose, California.

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LUCY H. KOH
UNITED STATES DISTRICT JUDGE

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US, et al., v. PHUC LE,
Case No. CV 12-2302-LHK
Admin. Mot. To Reschedule Hrg.

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