UNITED STATES OF AMERICA et al v. AMABILE

Filing 16

MEMORANDUM AND/OR OPINION ORDER THAT THE DEFENDANT'S MOTION TO DISMISS THE GOVERNMENT'S PETITION TO ENFORCE THE IRS SUMMONS AND TO VACATE THE SHOW CAUSE ORDERS AND HIS MOTION REQUESTING JUDICIAL NOTICE OF FACTS ARE DENIED, ETC. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 12/20/2011. 12/20/2011 ENTERED AND COPIES MAILED TO UNREP, E-MAILED (rf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA, and
MATTHEW LOPES REVENUE
OFFICER, INTERNAL REVENUE
SERVICE
v.
MICHAEL J. AMABILE

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CIVIL ACTION No. 11-6591
CIVIL ACTION No. 11-6592

ORDER
AND NOW, this 20th day of December, 2011, it is ORDERED that, as set forth in the
accompanying Memorandum, defendant Michael J. Amabile shall, on or before Monday, January
9, 2012, compile all documents responsive to the IRS summons, create a log describing each
document that he believes to be protected by the Fifth Amendment and to produce to IRS officer
Matthew Lopes all documents that Mr. Amabile views as non privileged.
It is FURTHER ORDERED that Mr. Amabile shall supply the Court with the privilege
log for in camera review along with the documents identified as privileged in the log so that the
Court may make a determination as to whether he must provide to the Government any or all of
the documents in question.
It is FURTHER ORDERED that defendant’s motion to dismiss the government’s petition
to enforce the IRS summonses and to vacate the show cause orders and his motion requesting
judicial notice of facts are DENIED.

s/Thomas N. O’Neill, Jr.
THOMAS N. O'NEILL, JR., J.