USA v. Blamires

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 10 Report and Recommendations. Mr. Blamires is therefore ORDERED to produce the documentsrequested in the IRS Summons on or before February 12, 2016. Additionally, Mr. Blamires shall appear to provide testimony on a date set by the IRS. Signed by Judge Clark Waddoups on 1/14/16. (jmr)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

UNITED STATES OF AMERICA,
ORDER ADOPTING REPORT AND
RECOMMENDATION

Petitioner,
v.

Case No. 2:15-cv-00310-CW-DBP
CRAIG A. BLAMIRES,
Judge Clark Waddoups
Respondent.
Magistrate Judge Dustin B. Pead

This case is before the court on the United States’ Petition to Enforce Internal Revenue
Summons. The case was assigned to United States District Court Judge Clark Waddoups, who
then referred it to United States Magistrate Dustin B. Pead pursuant to 28 U.S.C. § 636(b)(1)(B).
See Dkt. No. 3. In the referral order, Judge Waddoups ordered respondent Craig A. Blamires to
appear in front of Judge Pead and show cause why he “should not be compelled to testify or to
produce the information required” by the IRS Summons. Id. at 1.
On June 22, 2015, Mr. Blamires appeared before Judge Pead and worked out a tentative
settlement agreement with the IRS. Mr. Blamires then failed to comply with that agreement.
Consequently, on October 30, 2015, Judge Pead issued a Report and Recommendation
recommending the court (1) find Mr. Blamires has failed to show cause, and (2) require Mr.
Blamires to comply with the Summons. Mr. Blamires filed no objection to the Report and
Recommendation.
After review of the record, the court hereby APPROVES AND ADOPTS Judge Pead’s
1

Report and Recommendation.1 Mr. Blamires is therefore ORDERED to produce the documents
requested in the IRS Summons on or before February 12, 2016. Additionally, Mr. Blamires
shall appear to provide testimony on a date set by the IRS. While Mr. Blamires retains the right
to invoke the Fifth Amendment, he should be mindful of the limitations on invoking that right as
stated in Judge Pead’s Report and Recommendation.
SO ORDERED this 14th day of January, 2016.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Judge

1

Dkt. No. 10.
2