United States of America v. Hernandez

Filing 24

ORDER DISCHARGING 22 ORDER TO SHOW CAUSE RE: CONTEMPT WITHOUT PREJUDICE. Signed by Judge Beth Labson Freeman on 7/27/2017. (blflc1S, COURT STAFF) (Filed on 7/27/2017)

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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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UNITED STATES OF AMERICA,
Petitioner,

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Case No. 17-cv-00040-BLF
ORDER DISCHARGING ORDER TO
SHOW CAUSE RE: CONTEMPT
WITHOUT PREJUDICE

v.
JOSE HERNANDEZ,

[Re: ECF 22]

Respondent.

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United States District Court
Northern District of California

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On June 7, 2017, the Court issued an Order to Show Cause Re: Contempt, ordering

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Respondent to appear in person before the Court on July 27, 2017 at 9:00 a.m. and show cause

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why he should not be held in contempt for failure to comply with the Order Requiring Respondent

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to Appear Before Revenue Officer to Give Testimony and Provide Items Described in Summonses

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filed April 12, 2017. Respondent did not appear at the hearing on July 27, 2017. At the hearing

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Petitioner’s counsel clarified that Respondent had not been personally served with the Order to

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Show Cause Re: Contempt. Because it was not clear that Respondent received actual notice of the

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contempt proceedings, the Court indicated that it was not prepared to go forward. Petitioner’s

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counsel offered to submit a renewed motion for an Order to Show Cause Re: Contempt and to

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provide proof of personal service on Respondent.

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Accordingly, the Order to Show Cause Re: Contempt issued on June 7, 2017 is

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DISCHARGED. This ruling is without prejudice to the filing of a renewed motion for an Order to

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Show Cause Re: Contempt.

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IT IS SO ORDERED.

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Dated: July 27, 2017
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BETH LABSON FREEMAN
United States District Judge