Opinion
4:23-cv-03451-KAW
08-14-2023
UNITED STATES OF AMERICA, Petitioner, v. MIROSLAV G. SARBAEV, in his individual capacity and in his official capacity as president of Your Net Works, Inc. Respondent.
ISMAIL J. RAMSEY (CABN 189820) UNITED STATES ATTORNEY MICHELLE LO (NYRN 4325163) CHIEF, CIVIL DIVISION BENJAMIN J. WOLINSKY (CABN 305410) ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR THE UNITED STATES
ISMAIL J. RAMSEY (CABN 189820) UNITED STATES ATTORNEY
MICHELLE LO (NYRN 4325163)
CHIEF, CIVIL DIVISION
BENJAMIN J. WOLINSKY (CABN 305410) ASSISTANT UNITED STATES ATTORNEY
ATTORNEYS FOR THE UNITED STATES
ORDER TO SHOW CAUSE WHY INTERNAL REVENUE SERVICE SUMMONSES SHOULD NOT BE ENFORCED AS MODIFIED
KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE
Good cause having been shown by the Petitioner upon its petition filed in the above-titled proceeding, it is hereby:
ORDERED that Respondent Miroslav G. Sarbaev (“Respondent”) appear before this Court on the 16th day of November, 2023, at 1:30 p.m., in Courtroom No. 4, United States District Court, 1301 Clay Street, Oakland, California, and then and there show cause, if any, why Respondent should not be compelled to appear and provide documents and testimony as required by the summonses heretofore served upon Respondent as alleged and set forth in particular in said petition; and it is further:
ORDERED that a copy of this Order to Show Cause, together with a copy of the aforesaid petition, be served upon said Respondent in accordance with Rule 4 of the Federal Rules of Civil ORDER TO SHOW CAUSE Procedure at least thirty-five (35) days before the return date of this Order above specified on or before September 8, 2023; and it is further:
ORDERED that within twenty one (21) days before the return date of this Order on or before September 29, 2023, Respondent may file and serve a written response to the petition, supported by appropriate affidavit(s) or declaration(s) in conformance with 28 U.S.C. § 1746, as well as any motion Respondent desires to make. that the Petitioner may file and serve a written reply to such response, if any, within fourteen (14) days of service of the Respondent's filings. before the return date of this Order; that by October 13, 2023. Notwithstanding, by October 13, 2023, Petitioner shall file a proposed order inclusive of all relief sought by way of the petition.
All motions and issues raised by the pleadings will be considered on the return date of this Order, and only those issues raised by motion or brought into controversy by the responsive pleadings and supported by affidavit(s) or declaration(s) will be considered at the return of this Order. and Respondent is advised that any uncontested allegation in the petition will be considered admitted. See Foster v. Adams & Assocs., Inc., 2020 WL 3639648, at *3 n.3 (N.D. Cal. July 6, 2020) (citing Booth v. United States, 914 F.3d 1199, 1206 (9th Cir. 2019)) (declining to consider argument raised for the first time during oral argument); Sloan v. Gen. Motors LLC, No. 16-CV-07244-EMC, 2020 WL 5517244, at *5 (N.D. Cal. Sept. 14, 2020) (arguments made for first time at hearing were waived).
IT IS SO ORDERED.