UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 21, 2009
UNITED STATES OF AMERICA AND MARILYN COLLINS, REVENUE OFFICER, INTERNAL REVENUE SERVICE, PETITIONERS,
SHERI I. PROVOST, RESPONDENT.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER REGARDING PARTIES' REQUEST FOR CONTINUANCE
This matter is currently set for an Order to Show Cause Hearing on September 25, 2009, at 9:30 a.m in Courtroom 10. In recent filings, the parties have indicated a desire to meet and confer in an effort to settle the case.
More particularly, Respondent filed a "Notice Request for Forgiveness Offer to Meet" and a "Request Abatement of Proceedings Pending to Settle the Matter" on September 16, 2009. (Docs. 11-12.) On September 17, 2009, Petitioners filed a response thereto. Petitioners ask this Court to order Respondent to make herself available within the next forty-five days at a mutually-agreeable date and time, for a meeting to be held at 2500 Tulare Street, Suite 4401, in Fresno, California, to discuss potential settlement and to allow Respondent's voluntary compliance with the summons.
Additionally, Petitioners seek a continuance of the Order to Show Cause Hearing in light of the aforementioned, and further propose Friday, November 13, 2009, at 9:30 a.m.
CONCLUSION & ORDER
In light of the pleadings filed by both parties, and intentions stated therein regarding discussion of a potential settlement, this Court HEREBY ORDERS THAT:
1. Respondent Sheri I. Provost shall make herself available within forty-five (45) days of the date of this Order, at a mutually-agreeable date and time, for the purpose of attending a meeting to discuss potential settlement of this matter. The meeting shall be held at the United States Attorney's Office located at 2500 Tulare Street, Suite 4401, in Fresno, California;
2. The Order to Show Cause Hearing set for September 25, 2009, at 9:30 a.m. in Courtroom 10 is VACATED, and no party need appear;
3. The Order to Show Cause Hearing is CONTINUED to November 13, 2009, at 9:30 a.m. in Courtroom 10. Should the matter settle prior to that date, the hearing date will be taken off calendar.
IT IS SO ORDERED.
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