Free Motion to Continue - District Court of California - California

Case 3:08-cv-00682-CRB

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Filed 04/09/2008

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney THOMAS MOORE (ASBN 4305-O78T) Assistant United States Attorney Chief, Tax Division CYNTHIA STIER (DCBN 423256) 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-7017 Fax: (415) 436-6748 Attorneys for the United States of America IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA and KAREN STERLING, Revenue Officer, ) ) ) ) Petitioner, ) ) v. ) ) ANNALISA J. SILVA and DANIEL SILVA, ) ) ) Respondents. )

Case No. 08-0682-CRB APPLICATION TO CONTINUE HEARING ON ORDER TO SHOW CAUSE AND CASE MANAGEMENT CONFERENCE and [proposed] ORDER Date: May 23, 2008 Time: 10:00 a.m. Place: Courtroom 3, 17th Floor

The United States of America respectfully requests that the Court continue both the hearing on the Order to Show Cause, currently scheduled for April 18, 2008 at 10:00 a.m., and the Case Management Conference, currently scheduled for May 9, 2008 at 8:30 a.m., to May 23, 2008 at 10:00 a.m. The grounds for this request are: 1. The United States commenced this action seeking to enforce summonses issued by the Internal Revenue Service. The Court entered an Order to Show Cause scheduling a hearing Re: Enforcement of the Summonses. The Order to Show Cause contained a typographical error scheduling the hearing on the 9th Floor rather than the 19th Floor. 2. Counsel for the United States and Respondent Annalisa Silva have conferred in an attempt to resolve this matter. ///

Case 3:08-cv-00682-CRB

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3. To enable the parties sufficient time to resolve this matter, the United States respectfully requests that this Court continue the hearing on the Order to Show Cause, currently scheduled for April 18, 2008 at 10:00 a.m., and the Case Management Conference, currently scheduled for May 9, 2008 at 8:30 a.m., to May 23, 2008 at 10:00 a.m. 4. Respondent Annalisa Silva has no objection to this request for a continuance. Accordingly, the United States respectfully requests that the Court continue the hearing on the Order to Show Cause, currently scheduled for April 18, 2008 at 10:00 a.m., and the Case Management Conference, currently scheduled for May 9, 2008 at 8:30 a.m., to May 23, 2008 at 10:00 a.m. Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney Date: April 9, 2008 /s/ Cynthia Stier CYNTHIA STIER Assistant United States Attorney Tax Division ORDER

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Pursuant to the Application by the United States of America as set forth above, and for 17 good cause shown, 18 IT IS HEREBY ORDERED that the hearing date on the Order to Show Cause, currently 19 scheduled for April 18, 2008 at 10:00 a.m., and the Case Management Conference, currently 20 scheduled for May 9, 2008 at 8:30 a.m., is rescheduled to May 23, 2008 at 10:00 a.m. 21 22 Dated: 23 24 25 26 27 28
US Application to Continue Hearing on Order to Show Cause and Case Management Conference and [proposed] Order, Case No. 08-0682-CRB

CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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Case 3:08-cv-00682-CRB

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 ____ 15 ____ 16 17 18 19 20 21 22 Annalisa J. Silva 6480 Ione Way Dublin, CA 94568 Daniel A. Silva 6480 Ione Way Dublin, CA 94568 I, KATHY TAT declare:

CERTIFICATE OF SERVICE

That I am a citizen of the United States of America and employed in San Francisco County, California; that my business address is Office of United States Attorney, 450 Golden Gate Avenue, Box 36055, San Francisco, California 94102; that I am over the age of eighteen years, and am not a party to the above-entitled action. I am employed by the United States Attorney for the Northern District of California and discretion to be competent to serve papers. The undersigned further certifies that I caused a copy of the following: APPLICATION TO CONTINUE HEARING ON ORDER TO SHOW CAUSE AND CASE MANAGEMENT CONFERENCE and [proposed] ORDER to be served this date upon the party(ies) in this action by placing a true copy thereof in a sealed envelope, and served as follows: _X___ FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice. PERSONAL SERVICE (BY MESSENGER/HAND DELIVERED) FACSIMILE (FAX) No.:

to the parties addressed as follows:

I declare under penalty of perjury under the laws of the United States that the foregoing is 23 24 25 26 27 28 /s/ Kathy Tat KATHY TAT Legal Assistant true and correct. Executed on April 9, 2008 at San Francisco, California.