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United States v. Usufy

November 1, 2010

UNITED STATES OF AMERICA, LESLIE FOUCHE MUNOZ, REVENUE OFFICER, INTERNAL REVENUE SERVICE, PETITIONERS,
v.
YOUNES USUFY, RESPONDENT.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

PETITIONERS' CONSENSUAL REQUEST FOR CONTINUANCE

Taxpayer: YOUNES USUFY

Date: Thursday, December 2, 2010

Time: 10:00 a.m.

Ctrm: #25 (8th Floor, Honorable Kendall J. Newman)

Petitioners, the UNITED STATES OF AMERICA and Revenue Officer LESLIE FOUCHE MUNOZ, hereby request that Judge Newman continue the Show Cause Hearing Re: Tax Summons Enforcement currently scheduled for Thursday, November 4, 2010, to Thursday, December 2, 2010, at 10:00 a.m. The continuance is requested because counsel for petitioners has a conflicting, pre-existing family medical obligation that makes him unavailable for most of the month of November. As the within Counsel Declaration shows, respondent Usufy has consented to this continuance but, despite promises, has not signed a continuance stipulation. Except for the sua sponte continuance to November 4, 2010, this is the first time that a continuance of this hearing has been requested or granted.

Dated: October 29, 2010

BENJAMIN B. WAGNER United States Attorney

YOSHINORI H. T. HIMEL Assistant U. S. Attorney

COUNSEL DECLARATION

YOSHINORI H. T. HIMEL, under 28 U.S.C. § 1746(2), declares as follows:

1. I am an Assistant United States Attorney assigned the captioned case.

2. For months, my spouse has had surgery scheduled for November 1, 2010. During her convalescence, I will be assisting her at home. I expect to be at home on leave to help her for the week of November 1, most of the remainder of November, and possibly afterward.

3. On August 11, 2010, Mary Ann Rackley of this office, who acts under my supervision, ascertained from Judge Newman's information on the Court's website that October 28, 2010, was an open hearing date for the summons enforcement show-cause hearing in this case. That hearing accordingly was set for that date ...


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