UNITED STATES OF AMERICA v. Schaefer

Filing 8

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 8/27/2013 at 10:00 AM in Courtroom No. 2, Fifth Floor, United States District Court, 280 South First Street, San Jose, CA. Show Cause Response due by 8/6/2013. Motion terminated: 7 MOTION to Continue Case Management Conference and [Proposed] Order filed by UNITED STATES OF AMERICA terminated as moot. Signed by Magistrate Judge Howard R. Lloyd on June 25, 2013. (hrllc1, COURT STAFF) (Filed on 6/25/2013)

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*E-FILED: June 25, 2013* 1 2 3 4 5 NOT FOR CITATION 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 UNITED STATES OF AMERICA, Petitioner, For the Northern District of California United States District Court 10 v. 11 No. C13-01234 HRL ORDER TO SHOW CAUSE RE: ENFORCEMENT OF INTERNAL REVENUE SERVICE SUMMONS LINDA I. SCHAEFER, 12 13 Respondent. ____________________________________/ 14 15 16 17 18 19 Good cause having been shown by the petitioner upon the petition filed in the aboveentitled proceeding on March 19, 2013, IT IS ORDERED that: 1. Respondent Linda I. Schaefer shall appear before this court on August 27, 2013 at 10:00 a.m. in Courtroom No. 2, Fifth Floor, United States District Court, 280 South First Street, San Jose, California, and then and there show cause, if any, why respondent should not be 20 21 22 23 24 25 26 27 28 compelled to appear and provide documents and testimony as required by the Internal Revenue Summons served upon respondent as alleged and set forth in the petition. 2. Petitioner shall serve a copy of this Order to Show Cause, together with a copy of the petition, upon respondent in accordance with Rule 4 of the Federal Rules of Civil Procedure at least thirty-five (35) days before the return date of this order specified above. 1 2 3 3. On or before August 6, 2013, respondent may file and serve a written response to the petition, supported by appropriate affidavit(s) or declaration(s) in conformance with 28 U.S.C. § 1746, as well as any motion respondent desires to make. 4 4. On or before August 13, 2013, petitioners may file and serve a written reply to such 5 6 response, if any. 7 5. All motions and issues raised by the pleadings will be considered on the return date 8 of this order, and only those issues raised by motion or brought into controversy by the responsive 9 pleadings and supported by affidavit(s) or declaration(s) will be considered at the return of this For the Northern District of California United States District Court 10 order. Any uncontested allegation in the pleading will be considered admitted. 11 12 6. The parties are reminded that this civil case has been randomly assigned to a 13 magistrate judge for all purposes including trial. Accordingly, the parties shall, no later than 14 August 20, 2013, file either (1) a Consent to Proceed before a United States Magistrate Judge or (2) 15 a Declination to Proceed before a Magistrate Judge and Request for Reassignment to a United States 16 District Judge. See N.D. Cal. Civ. R. 73-1. The consent and declination forms are available at the 17 18 19 20 Clerk’s Office and may also be obtained from the court’s website at http://www.cand.uscourts.gov. 7. The Initial Case Management Conference, initially set for July 19, 2013, is vacated. Dated: June 25, 2013 21 22 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2 1 C13-01234 HRL Order will be electronically mailed to: 2 Michael G. Pitman michael.pitman@usdoj.gov 3 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court’s CM/ECF program. 4 5 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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