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United States v. Schweiger

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


May 4, 2010

UNITED STATES OF AMERICA, PETITIONER,
v.
CARL SCHWEIGER, RESPONDENT.

The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge

Order to Show Cause

Based upon the Petition and supporting Memorandum of Points and Authorities, and the supporting Declaration, the Court finds that Petitioner has established a 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, 255, 13 L.Ed.2d 112, 119 (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, at the time and date specified below, and show cause why the production of books, papers, records, and other data demanded in the subject IRS summonses should not be compelled:

Date: Monday, June 14, 2010

Time: 2:00 p.m.

Courtroom: Two

Address: G United States Courthouse

312 North Spring Street, Los Angeles, California, 90012 G Roybal Federal Building and United States Courthouse

255 E. Temple Street, Los Angeles, California, 90012

G Ronald Reagan Federal Building and United States Courthouse

411 West Fourth Street, Santa Ana, California, 92701 O Brown Federal Building and United States Courthouse 3470 Twelfth Street, Riverside, California, 92501

IT IS FURTHER ORDERED that copies of the following documents be served on Respondent by personal delivery, by leaving a copy at Respondent's dwelling or usual place of abode with someone of suitable age and discretion who resides there, or by certified mail:

1. This Order; and

2. The 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, 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 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 of the herein described documents will be considered by the Court. All allegations in the Petition not contested by such responsive pleadings or by sworn statements will be deemed admitted.

20100504

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