United States of America v. Kroeger

Filing 3

ORDER TO SHOW CAUSE that Respondent appear before the District Court of the United States for the District of Nebraska, Roman L. Hruska Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on the 22nd day of August, 2016, in Courtroom 7, to show cause why Respondent should not be compelled to comply with the Internal Revenue Service Summons served on March 31, 2016. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Petitioner,
8:16CV355
v.
ORDER TO SHOW CAUSE
MARK S. KROEGER,
Respondent.
Upon the Petition of the United States of America to enforce an Internal Revenue
Summons (Filing 1), and the attachments thereto, it is hereby
ORDERED that Respondent appear before the District Court of the United States for the
District of Nebraska, Roman L. Hruska Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at
9:00 a.m. on the 22nd day of August, 2016, in Courtroom 7, to show cause why Respondent
should not be compelled to comply with the Internal Revenue Service Summons served on
March 31, 2016. It is further
ORDERED that a copy of this Order, together with the Petition and attachments thereto,
be personally served on Respondent, by an official of the Internal Revenue Service who is
hereby specially appointed for that purpose, and that such service by made pursuant to Rule 4.1
of the Federal Rules of Civil Procedure, within twenty-one (21) days of the date of this Order. It
is further
ORDERED within 5 days of service of copies of this Order, the Petition and attachments
thereto, Respondent shall file and serve a written response to the Petition. If Respondent has any
defenses to present or motions to make in opposition to the Petition, such defenses or motions, if
any, shall be made in writing and filed with the Court, and copies served on the United States
Attorney at least five (5) business days prior to the date of the show cause hearing. Only those

issues raised by motion or brought into controversy by the responsive pleading shall be
considered by the Court. Any uncontested allegations in the Petition shall be deemed admitted.
It is further
ORDERED that in the event no written response to the Petition is filed and served in
accordance with this Order, or in the event the response filed does not deny or controvert the
allegations of the Petition, the allegations in the Petition will be deemed admitted, and an order
will be entered compelling Respondent to comply with the Summons. It is further
ORDERED that if Respondent has no objection to compliance with the Summons,
Respondent may, at least three (3) business days prior to the date of the show cause hearing,
notify the clerk of this Court, in writing, with copies to the United States Attorney, of the fact
that no response or appearance as ordered herein will be required because Respondent will
comply with the Summons.
DATED this 19th day of July, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge