Opinion
No. 2:04CV00559 TS.
June 17, 2004
PAUL M. WARNER, United States Attorney (#3389), JEANNETTE F. SWENT, Assistant United States Attorney (#6043), Attorneys for the United States of America Salt Lake City, Utah.
ORDER TO SHOW CAUSE
Based on the United States' Petition to Enforce Internal Revenue Summons together with the exhibits attached thereto,
IT IS HEREBY ORDERED that Respondent O. Dwaine Price appear before the United States District Court for the District of Utah, Central Division, presided over by Magistrate Judge Wells, in her Courtroom, Room 431, U.S. Courthouse, 350 South Main Street, Salt Lake City, Utah, on the 10th of August 2004, at 10:00 a.m. to show cause why Respondent should not be compelled to testify or to produce the information required and called for by the terms of the Internal Revenue Service summons (including attachments thereto) directed to and served upon him.
The Magistrate Judge will hear the evidence and make a written recommendation to the undersigned judge for a proper disposition of the Petition.
IT IS FURTHER ORDERED that a copy of this Order together with the petition and exhibits thereto be promptly served pursuant to Rule 4 of the Federal Rules of Civil Procedure upon the Respondent (by service upon O. Dwaine Price personally or, if not feasible, by leaving the said order, petition and exhibit taped to the front door of the current place of abode of O. Dwaine Price) by the United States Marshal or by any Internal Revenue Service employee.
IT IS FURTHER ORDERED that within ten days after service of copies of this Order, the petition and exhibit attached thereto, Respondent shall file and serve a written response to the Petition, supported by appropriate sworn statements, as well as any motions he desires to make. 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 and filed within ten 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.
If Respondent, prior to the return date of this Order, files a notice of no opposition to this Order, stating that he does not oppose the relief sought in the petition nor wish to make an appearance, then the appearance of Respondent at any hearing held pursuant to this Order to Show Cause is excused.