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United States v. Usufy

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


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 by Order to Show Cause submitted August 17, 2010 and approved August 23, 2010.

4. By minute order filed August 25, 2010, the Court sua sponte reset the hearing for November 4, 2010, which is during my spouse's first week of convalescence.

5. Because the sua sponte continuance caused a need for a further continuance, I contacted respondent by telephone on September 14, 2010, and asked for his consent to a further continuance to December 2, 2010. In that conversation, I understood him to agree to the requested continuance.

6. In accordance with respondent's agreement, a stipulation was prepared and mailed to him on September 21, 2010. This mailing included a self-addressed, pre-paid envelope for the respondent to return the signed stipulation. A copy of the letter and stipulation is attached hereto as Exhibit A.

7. The signed stipulation was not received, so on October 5, 2010, Ms. Rackley spoke with respondent regarding the missing signed stipulation. Respondent confirmed to Ms. Rackley that he agreed to the continuance, and he promised her that the signed stipulation would be placed in the mail within a day.

8. As of this writing, the stipulation has not been received.

I declare under penalty of perjury that the foregoing is true and correct. Executed on October 29, 2010.

YOSHINORI H. T. HIMEL

ORDER

IT IS HEREBY ORDERED that the Order to Show Cause Hearing is hereby CONTINUED to Thursday, December 2, 2010, at 10:00 a.m. in Courtroom 25. Respondent is to appear on this new date. The Clerk shall serve this order by mail to Younes Usufy at: 2345 Northrop Avenue, Apt. 205B, Sacramento, California, 95825 and at2496 Pheasant Hollow Drive, West Sacramento, California, 95691. Respondent is reminded that he is still obligated to comply with the provisions of the court's order to show cause dated August 23, 2010. (See Dkt. No. 3., setting forth, among other things, respondent's obligation to oppose or stipulate to enforcement of the summons at least fourteen days prior to the December 2, 2010 hearing date).

20101101

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