Opinion
ANDRÉ BIROTTE JR., United States Attorney, SANDRA R. BROWN, Assistant United States Attorney Chief, DARWIN THOMAS (SBN 80745), Assistant United States Attorney, Los Angeles, Attorneys for United States of America.
ORDER TO SHOW CAUSE
DEAN PREGERSON, District Judge.
Upon the Petition and supporting Memorandum of Points and Authorities, and the supporting Declarations to the Petition, the Court finds that Petitioner has established its prima facie case for judicial enforcement of the subject Internal Revenue Service summons. See United States v. Powell , 379 U.S. 48, 57-58, 85 S.Ct. 248 13 L.Ed.2d 112 (1964); see also, Crystal v. United States , 172 F.3d 1141, 1143 1144 (9th Cir. 1999): United States v. Jose , 131 F.3d 1325, 1327 (9th Cir. 1997); Fortney v. United States , 59 F.3d 117, 119-120 (9th Cir. 1995) (the Government's prima facie case is typically made through the sworn declaration of the IRS agent who issued the summons); accord, United States v. Gilleran , 992 F.2d 232, 233 (9th Cir. 1993).
Therefore, IT IS ORDERED that Respondent appear before this District Court of the United States for the Central District of California, in Courtroom No. 3,
[] United States Courthouse 312 North Spring Street, Los Angeles, California, 90012
[] Roybal Federal Building and United States Courthouse 255 E. Temple Street, Los Angeles, California, 90012
[] Ronald Reagan Federal Building and United States Courthouse 411 West Fourth Street, Santa Ana, California, 92701
[] Brown Federal Building and United States Courthouse 3470 Twelfth Street, Riverside, California, 92501
on February 14 March 7, 2011, at 10:00 A.m., and show cause why the production of books, papers, records, and other data demanded in the subject Internal Revenue Service summons should not be compelled.
IT IS FURTHER ORDERED that copies of this Order, the Petition, Memorandum of Points and Authorities, and accompanying Declarations be served promptly upon Respondent by any employee of the Internal Revenue Service or the United States Attorney's Office, by personal delivery or by certified
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 desire to 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 be deemed to have complied with the requirements of this Order.
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.