Summary
declining to address arguments relating to "the IRS's pursuit of documents already in its possession" because such arguments should have been raised during enforcement proceedings
Summary of this case from United States v. AndersonOpinion
No. C 11-1793 JSW
11-12-2013
UNITED STATES OF AMERICA, and JON SUSTARICH, Revenue Officer, Petitioners, v. MARK OTTOVICH, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court upon consideration of the Report and Recommendation ("Report") prepared by Magistrate Judge Spero, in which he recommends that the Court grant Petitioners' motion for entry of judgment of contempt and deny Respondent's motion for terminating summons. The deadline for filing objections to the Report has passed, and the Court has received Respondent's submission. The Court has considered the Report, relevant legal authority, and the record in this case. The Court finds the Report thorough and well reasoned and adopts it in every respect. Accordingly, the Court GRANTS Petitioners' motion and DENIES Respondent's motion. The Court imposes a fine against Respondent in the amount of $7,500.
IT IS SO ORDERED.
________________________
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
UNITED STATES OF AMERICA ET AL et al, Plaintiff,
v. OTTOVICH et al, Defendant.
Case Number: CV11-01793 JSW
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on November 12, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Mark Michael Ottovich
37231 Mission Boulevard
Fremont, CA 94536
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk