Stuart Thomas, Inc. v. United States of America

Filing 4

ORDER. Petitioner shall effect service on the United States and file proof of service with the court no later than 10/30/2008. Failure to do so may result in a recommendation that this case be dismissed without prejudice for failure to prosecute. (Case Management Deadline set for 10/30/2008.) Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA S T U A R T THOMAS, INC. doing b u s in e s s as Lenox Homes Defined B e n e fit Pension Plan, P l a i n t i f f, vs. U N IT E D STATES OF AMERICA, D efe n d a n t. ) ) ) ) ) ) ) ) ) ) )

8 :0 8 C V 3 7 6 ORDER

T h is matter is before the court on the plaintiff's Petition to Quash Administrative S u m m o n s [1]. Compliance with the administrative summons was stayed on August 15, 2008 p e n d in g the court's resolution of the petition. To date, the record does not show that the P e titio n has been served on the United States in accordance with 26 U.S.C. § 7609(b). To facilitate a timely resolution of this matter, I T IS ORDERED that the Petitioner shall effect service on the United States and file p ro o f of service with the court no later than October 30, 2008. Failure to do so may result in a recommendation that this case be dismissed without prejudice for failure to prosecute. S e e NECivR 41.1. D A T E D October 10, 2008. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge