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United States v. Maletto-Brunske

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


March 25, 2009

UNITED STATES OF AMERICA, PETITIONER,
v.
ANNETTE MALETTO-BRUNSKE, RESPONDENT.

Order to Show Cause

Upon the Amended Petition and supporting Memorandum of Points and Authorities, and the supporting Declaration in Support of Petition to Enforce Internal Revenue Service Summons, the Court finds that Petitioner has established its prima facie case for judicial enforcement of the subject Internal Revenue Service (IRS) summons. See United States v. Powell, 379 U.S. 48, 57-58, 85 S.Ct. 248, 13 L.Ed.2d 112 (1964).

Therefore, IT IS ORDERED that Respondent appear before this District Court of the United States for the Central District of California, at the following address on specified dated and time, and show cause why the testimony and production of books, papers, records, and other data demanded in the subject IRS summons should not be compelled: Date: Monday, April 13, 2009 Time: 10:00 a.m. Courtroom: 5, 2nd Floor Address: United States Courthouse 312 N. Spring Street, Los Angeles, California, 90012

IT IS FURTHER ORDERED that copies of the following documents be served on Respondent by personal delivery or certified mail:

1. This Order; and

2. The Amended Petition, Memorandum of Points and Authorities, and accompanying Declaration.

Service may be made by any employee of the IRS or the United States Attorney's Office.

IT IS FURTHER ORDERED that within ten (10) days after service upon Respondent of the herein described documents, but prior to the date set for this hearing, Respondent shall file and serve a written response, supported by appropriate sworn statements, as well as any desired motions. If, prior to the return date of this Order, Respondent files a response with the Court stating that Respondent does not oppose the relief sought in the Amended Petition, nor wish to make an appearance, then the appearance of Respondent at any hearing pursuant to this Order to Show Cause is excused, and Respondent shall comply with the summons within ten (10) days thereafter.

IT IS FURTHER ORDERED that all motions and issues raised by the pleadings will be considered on the return date of this Order. Only those issues raised by motion or brought into controversy by the responsive pleadings and supported by sworn statements filed within ten (10) days after service, but before the date of the hearing set forth above, of the herein described documents will be considered by the Court. All allegations in the Amended Petition not contested by such responsive pleadings or by sworn statements will be deemed admitted.

20090325

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