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U.S. v. OCHOA, 1:14-cv-01335-AWI-SKO. (2014)

Court: District Court, E.D. California Number: infdco20141205c73 Visitors: 7
Filed: Dec. 01, 2014
Latest Update: Dec. 01, 2014
Summary: PETITIONER'S REQUEST FOR EXTENSION OF TIME TO FILE A STATU REPORT REGARDING RESPONDENT'S COMPLIANCE WITH THE I.R.S. SUMMONS; ORDER ANTHONY ISHII, District Judge. Petitioner, the UNITED STATES OF AMERICA, hereby requests that the Court grant a 30-day extension of time for Petitioner to file a Status Report regarding Respondent's compliance with the subpoena. The additional time is needed in order for (1) Petitioner to serve the November 17, 2014 Enforcement Order (Dkt. 9) on Respondent; (2) all
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PETITIONER'S REQUEST FOR EXTENSION OF TIME TO FILE A STATU REPORT REGARDING RESPONDENT'S COMPLIANCE WITH THE I.R.S. SUMMONS; ORDER

ANTHONY ISHII, District Judge.

Petitioner, the UNITED STATES OF AMERICA, hereby requests that the Court grant a 30-day extension of time for Petitioner to file a Status Report regarding Respondent's compliance with the subpoena. The additional time is needed in order for (1) Petitioner to serve the November 17, 2014 Enforcement Order (Dkt. 9) on Respondent; (2) allow Petitioner additional time to schedule another appearance with Respondent to comply with the summons; and (3) to file a Status Report regarding Respondent's compliance. The reasons are in the within Declaration of Paulette A. Tremblay. In the event that his request is granted, a proposed order is submitted within.

DECLARATION OF PAULETTE M. TREMBLAY

I, Paulette M. Tremblay, under 28 U.S.C. § 1746(2), declares:

1. I am a Paralegal Specialist in the office of the United States Attorney for the Eastern District of California, with post of duty at Fresno, California. In Fresno tax summons enforcement actions, my duties include drafting and filing all papers filed by the United States, communicating with the investigating IRS employee, arranging and maintaining all case dates and schedules, and arranging compliance with all orders. The purpose of this declaration is to explain why the requested extension is needed.

2. Paragraph 6 in the Order Adopting Findings and Recommendations that the Summons Be Enforced, filed November 17, 2014, required the United States to file a Status Report regarding respondent's compliance with the enforced IRS summons by November 26, 2014.

3. During the week of November 17, 2014, I was out of the office on personal leave and did not return until December 1, 2014.

4. On December 3, 2014, I read the Order Adopting Findings and Recommendations That The Summons Be Enforced, filed November 17, 2014, and learned about the Status Report due no later than November 26, 2014.

I declare under penalty of perjury that the foregoing is true and correct. Executed on December 5, 2014.

ORDER

IT IS HEREBY ORDERED that Petitioner United States of America shall file its Status Report regarding Respondent's compliance with the I.R.S. Summons by no later than December 26, 2014.

IT IS SO ORDERED.

Source:  Leagle

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