United States of America v. Hernandez
Filing
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ORDER CONTINUING HEARING ON 28 AMENDED ORDER TO SHOW CAUSE RE: CONTEMPT FROM JANUARY 11, 2018 TO MARCH 29, 2018. Contempt Hearing set for 3/29/2018 09:00 AM before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 1/11/2018. (blflc1S, COURT STAFF) (Filed on 1/11/2018)
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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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v.
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JOSE HERNANDEZ,
Respondent.
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United States District Court
Northern District of California
Case No. 17-cv-00040-BLF
ORDER CONTINUING HEARING ON
AMENDED ORDER TO SHOW CAUSE
RE: CONTEMPT FROM JANUARY 11,
2018 TO MARCH 29, 2018
[Re: ECF 28]
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On August 2, 2017, the Court issued an Amended Order to Show Cause Re: Contempt
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(ECF 28), ordering Respondent Jose Hernandez (“Dr. Hernandez”) to appear in person before the
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Court on January 11, 2018, at 9:00 a.m., to show cause why he should not be held in contempt for
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failure to comply with the Court’s Order Requiring Respondent to Appear Before Revenue Officer
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to Give Testimony and Provide Items Described in Summonses (ECF 16), which was filed April
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12, 2017.
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Dr. Hernandez appeared at the Show Cause hearing, pro se. At the start of the hearing, the
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Government’s counsel informed the Court that Dr. Hernandez has provided the Government with
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some of the requested records. The Government asked the Court to continue the Show Cause
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hearing to give Dr. Hernandez an opportunity to comply fully with the Court’s order requiring
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production and testimony. The Court agreed to continue the Show Cause hearing to March 29,
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2018, at 9:00 a.m.
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The Government’s counsel stated that in the event that Dr. Hernandez does not comply
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fully with his Court-ordered obligation to provide records and testimony, the Government will
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seek civil contempt sanctions in the amount of $50.00 per day of noncompliance. The Court
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indicated that it would be willing to impose such sanctions in the event of Dr. Hernandez’s
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noncompliance, but that it would not impose sanctions and would vacate the March 29, 2018
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hearing if Dr. Hernandez complies to the Government’s satisfaction before that date. The Court
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also advised Dr. Hernandez that he may (but is not required to) hire an attorney, at his own
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expense, to represent him at the Show Cause hearing if it goes forward on March 29, 2018.
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Accordingly, IT IS HEREBY ORDERED:
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(1)
The hearing on the Amended Order to Show Cause Re: Contempt (ECF 28) is
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CONTINUED to March 29, 2018, at 9:00 a.m., in Courtroom 3, 5th Floor, United States
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Courthouse, 280 South 1st Street, San Jose, California, 95113. Unless the hearing is vacated, Dr.
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Hernandez must appear before the Court at that date and time.
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(2)
If Dr. Hernandez does not comply fully with his Court-ordered obligation to
United States District Court
Northern District of California
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provide records and testimony to the Government, and does not show cause for any
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noncompliance at the continued hearing on March 29, 2018, he will subject to civil contempt
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sanctions of up to $50.00 per day for each day of noncompliance after March 29, 2018.
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(3)
If the Government informs the Court that Dr. Hernandez has complied fully with
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his Court-ordered obligation to provide records and testimony before March 29, 2018, the Court
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will discharge the Amended Order to Show Cause Re: Contempt and vacate the hearing.
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(4)
Dr. Hernandez may (but is not required to) hire an attorney, at his own expense, to
represent him at the Show Cause hearing if it goes forward on March 29, 2018.
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Dated: January 11, 2018
______________________________________
BETH LABSON FREEMAN
United States District Judge
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