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United States v. Provost

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 22, 2009

UNITED STATES OF AMERICA AND MARILYN COLLINS, REVENUE OFFICER, INTERNAL REVENUE SERVICE, PETITIONERS,
v.
ANDRE PAUL PROVOST, JR., RESPONDENT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

PETITIONERS' RESPONSE TO OFFER TO MEET TO SETTLE THIS SUMMONS ENFORCEMENT PROCEEDING; FURTHER REQUEST FOR CONTINUANCE OF THE ORDER TO SHOW CAUSE HEARING; ORDER THEREON

Petitioners United States of America and Revenue Officer Marilyn Collins (collectively, "the United States"), by and through undersigned counsel, hereby respond to Respondent Andre Paul Provost, Jr.'s ("Respondent") request to meet to settle the summons enforcement proceeding at issue in this case. In this regard, Petitioners hereby ask the court to order Respondent make himself available for this meeting within the next 45 days at a mutually-agreeable date and time; that this meeting take place at the U.S. Attorney's offices, located in the federal court building at 2500 Tulare Street, Suite 4401, in Fresno, California; and, that the Court grant a further continuance of the Order to Show Cause Hearing to Enforce Internal Revenue Service Summons, currently scheduled for September 25, 2009, to October 30, 2009, to allow Respondent to voluntarily comply with the summons.

Respectfully submitted,

Dated: September 17, 2009

LAWRENCE G. BROWN United States Attorney

JEFFREY J. LODGE Assistant U.S. Attorney Attorneys for Petitioners United States of America and Revenue Officer Marilyn Collins

ORDER

IT IS HEREBY ORDERED that (1) Respondent meet with Revenue Officer Marilyn Collins within the next 45 days, at the U.S. Attorneys Offices located at 2500 Tulare Street, Suite 4401, Fresno, California, at a mutually-agreeable date and time; and (2) that the Order to Show Cause Hearing is continued to November 13, 2009, at 9:30 a.m., in Courtroom 7. NOTE: November 6, 2009 was suggested by Petitioner for the continuance but the Court is not available that Friday.

IT IS SO ORDERED.

20090922

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