United States District Court, Northern District of California
January 9, 2003
UNITED STATES OF AMERICA AND TOAN NGUYEN, REVENUE AGENT, PETITIONERS,
DAVID E. DENNIS, RESPONDENT.
The opinion of the court was delivered by: Phyllis J. Hamilton, United States District Judge.
PETITIONERS' REQUEST FOR
DISMISSAL OF ACTION AND
VACATION OF ORDER TO SHOW
CAUSE HEARING AND CASE
The Petitioners, the United States of America and Revenue Agent Toan Nguyen, hereby request that the Court dismiss this action as the Respondent, David B. Dennis, has substantially complied with the summons underlying this action. In light of this request for dismissal, the Petitioners further request that the Court vacate the January 8, 2003, hearing on the Court's Order to Show Cause re: Enforcement of Internal Revenue Service Summons, and the Case Management Conference scheduled for January 30, 2003.
On September 28, 2001, the Internal Revenue Service served a summons on the respondent with respect to his personal Federal income tax liabilities for taxable year 1999. After the respondent failed to appear as requested in, and comply with, the summons, the Petitioners filed a Verified Petition to Enforce Internal Revenue Service Summonses in this Court on October 30, 2002. On November 4, 2002, the Court entered an Order to Show Cause re: Enforcement of Internal Revenue Service Summons, in which it required the Respondent to appear before the Court on January 8, 2003, and show cause, if any, why he should not be compelled to appear and provide the documents and testimony required by the IRS summons served upon him.
On January 6, 2003, the Respondent appeared before Revenue Agent Toan Nguyen and provided testimony and the documents requested in the subject summons. The Respondent also signed a document agreeing to the assessment of tax liabilities for taxable year 1999.
REQUEST FOR DISMISSAL
In light of the Respondent's substantial compliance with the underlying summons, there remain no further issues to be decided by the Court at this time. Accordingly, the Petitioners hereby respectfully request that the Court dismiss this action pursuant to Federal Rule of Civil Procedure 41(a)(2). In light of the Petitioners' request for dismissal, the Petitioners also respectfully request that the January 8, 2003, hearing on the Order to Show Cause and the January 30, 2003, Case Management Conference be vacated.
The Court having read and considered the Petitioners' Request for Dismissal and Vacation of Order to Show Cause Hearing and Case Management Conference, being aware of the facts in this case, and being advised that the Respondent, David E. Dennis, has substantially complied with the summons underlying this action, and for good cause shown,
IT IS HEREBY ORDERED that this action be and hereby is dismissed.
IT IS FURTHER HEREBY ORDERED that the January 8, 2003, Show Cause hearing and the January 30, 2003, Case Management Conference are vacated.
IT IS SO ORDERED.
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