United States of America v. Lorenzo Cuellar
Filing
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ORDER TO SHOW CAUSE by Judge Dale S. Fischer. IT IS ORDERED that Respondent appear before this District Court of the United States for the Central District of California, at the following address on specified dated and time, and show cause why the te stimony and production of books, papers, records, and other data demanded in the subject IRS summons should not be compelled: (Show Cause Hearing set for 1/12/2009 at 11:00 AM before Judge Dale S. Fischer.) IT IS FURTHER ORDERED that copies of the fo llowing documents be served on Respondent by personal delivery or certified mail: 1. This Order; and 2. The Petition, Memorandum of Points and Authorities, and accompanying Declaration. IT IS FURTHER ORDERED that within ten (10) days after service up on 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. IT IS FURTHER ORDERED that all motions and issues raised by the pleadings will be considered on the return date of this Order. (See Order for Further Details). (sch)
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THOMAS P. O'BRIEN United States Attorney SANDRA R. BROWN Assistant United States Attorney Chief, Tax Division DANIEL LAYTON (SBN 240763) Assistant United States Attorney Room 7211 Federal Building 300 North Los Angeles Street Los Angeles, CA 90012 Telephone: (213) 894-6165 Facsimile: (213) 894-0115 Email: Daniel.Layton@usdoj.gov Attorneys for Petitioner United States of America UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CENTRAL DIVISION United States of America, Petitioner, vs. Lorenzo Cuellar, Respondent. ) Case No. CV 08-7209 DSF ) ) Order to Show Cause ) ) ) ) ) ) ) )
Upon the Petition and supporting Memorandum of Points and Authorities, and the supporting Declaration in Support of Petition to Enforce Internal Revenue Service Summons, the Court finds that Petitioner has established its 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, 13 L.Ed.2d 112 (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 on specified dated and
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time, and show cause why the testimony and production of books, papers, records, and other data demanded in the subject IRS summons should not be compelled: Date: Time: Courtroom: Address: Monday, January 12, 2009 11:00 a.m. 840 G United States Courthouse 312 N. Spring Street, Los Angeles, California, 90012 XX 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 G 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 or 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
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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. allegations in the Petition not contested by such responsive pleadings or by sworn statements will be deemed admitted. All
DATED:
11/10/08
_________________________ U.S. DISTRICT COURT JUDGE
Respectfully submitted, THOMAS P. O'BRIEN United States Attorney SANDRA R. BROWN Assistant United States Attorney Chief, Tax Division DANIEL LAYTON Assistant United States Attorney Attorneys for United States of America
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