Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00682-CRB

Document 13

Filed 05/29/2008

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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 ) ) ) ) Petitioner, ) ) v. ) ) ANNALISA J. SILVA and DANIEL SILVA, ) ) ) Respondents. ) UNITED STATES OF AMERICA and KAREN STERLING, Revenue Officer,

Case No. 08-0682-CRB NOTICE OF DISMISSAL PURSUANT TO RULE 41(a)(2) AND [proposed] ORDER

Petitioners, United States of America and Karen Sterling, IRS Revenue Officer, hereby advise the Court that respondents, Annalisa J. Silva and Daniel Silva have complied with the Internal Revenue Service summonses and request that this action be dismissed pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.

JOSEPH P. RUSSONIELLO United States Attorney Dated: May 28, 2008 /s/ Cynthia Stier CYNTHIA STIER Assistant United States Attorney Tax Division

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Case 3:08-cv-00682-CRB

Document 13

Filed 05/29/2008

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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 23 24 25 26 27 28 US v. Silva, Notice of Dismissal and [proposed] Order, Case No. 08-0682-CRB ORDERED this California.

ORDER Upon the request of the petitioners and pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed.

day of

, 2008, at San Francisco,

THE HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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Case 3:08-cv-00682-CRB

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Filed 05/29/2008

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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 23 24 25 26 27 28 DANIEL SILVA 6840 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 NOTICE OF DISMISSAL PURSUANT TO RULE 41(a)(2) 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: ANNALISA SILVA 6840 IONE WAY DUBLIN, CA 94568

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on May 29, 2008 at San Francisco, California.

/s/Kathy Tat KATHY TAT Legal Assistant