United States of America v. Rescino

Filing 33

ORDER TO SHOW CAUSE RE: CONTEMPT (granting 32 ). Order to Show Cause Hearing set for 10/7/2021 09:00 AM. Respondent's Show Cause Response due by 9/9/2021. Petitioner's Reply due by 9/23/2021. Signed by Judge Beth Labson Freeman on 4/1/2021. (blflc1S, COURT STAFF) (Filed on 4/1/2021)

1 STEPHANIE M. HINDS (CABN 154284)
Acting United States Attorney
2 SARA WINSLOW (DCBN 457643)
Chief, Civil Division
3 BENJAMIN J. WOLINSKY (CABN 305410)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
Facsimile: [phone]
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[e-mail]
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Attorneys for Petitioner
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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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NICHOLAS C. RESCINO,

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Respondent.

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CASE NO. 5:20-cv-00881-BLF
ORDER GRANTING PETITIONER'S
APPLICATION FOR ENTRY OF ORDER TO
SHOW CAUSE RE: CONTEMPT

Good cause having been shown by the United States upon its Application For Entry of an Order

19 To Show Cause Re: Contempt, it is hereby
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ORDERED that respondent NICHOLAS C. RESCINO (“Respondent”) appear with his counsel,

21 Michael W. Melchin, before this Court on the 7th day of October, 2021, at 9:00 a.m., in Courtroom 3,
22 5th Floor, 280 South 1st Street, San Jose, California, and then and there show cause, if he has any, why
23 Respondent should not be held in contempt for his failure to comply with the Order Granting Petition to
24 Enforce Summons filed September 1, 2020 (ECF 26); and it is further
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ORDERED that a copy of this Order to Show Cause Re: Contempt be served upon Respondent

26 by Petitioner, via email, to his counsel at least thirty-five (35) days before the return date of this Order;
27 and it is further
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APPLICATION FOR ENTRY OF ORDER RE. CONTEMPT OF COURT; [PROPOSED] ORDER
5:20-CV-0881-BLF

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ORDERED that within twenty-eight (28) days before the return date of this Order, Respondent

2 may file and serve a written response to the Order to Show Cause Re: Contempt, supported by
3 appropriate affidavit(s) or declaration(s) in conformance with 28 U.S.C. § 1746, as well as any motions
4 he desires to make; that Petitioner may file and serve a written reply to such response, if any, within
5 fourteen (14) days before the return date of this Order; that all motions and issues raised by the
6 pleadings will be considered on the return date of this Order, and only those issues raised by motion or
7 brought into controversy by the responsive pleadings and supported by affidavit(s) or declaration(s) will
8 be considered at the return of this Order.
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1st
April
10 ORDERED this _____ day of _________________, 2021, at San Jose, California.
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HON. BETH LABSON FREEMAN
13 United States District Judge
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APPLICATION FOR ENTRY OF ORDER RE. CONTEMPT OF COURT; [PROPOSED] ORDER
5:20-CV-0881-BLF