Free Response to Motion - District Court of Delaware - Delaware

Case 1 :07-mc-00100-JJF Document 8 Filed 08/27/2007 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
RICKY DEAN HARDEE, )
)
Petitioner, ) Case No. 1:07-me-00100-IFF
)
V- )
)
UNITED STATES OF AMERICA, )
)
Respondent. )

NOTICE QF NON-OPPOSITION OF MOTION Tg! DISMISS
COMES NOW THE PETITIONER, Rickey Dean Hardee, ("Hardee") by and through his
attorneys, The Bernhoft Law Firm, S.C., (Attorney Robert E. Barnes)1, and respectfully responds
to the Res pondent’s Motion to Dismiss with this Notice.
Hardee does not oppose the dismissal of this case. After consultation with Government
counsel, Hardee has been assured that no documents related to the summons at issue in this case
were reviewed or received, and if any were received, they were returned without any IRS review
of those documents. Therefore, Hardee agrees that when the Respondent withdrew the
administrative summons, the controversy ceased and this case became moot.
1 Attorney Robert E. Barnes, while admitted to practice pro imc vice, does not yet have an ECF
password. Because this paper should dispose of this matter in its entirety, in an effort to
conserve our client’s and the court’s limited resources, Barnes is filing this paper traditionally
rather than through the ECF process. If the court prefers, Barnes will apply for the ECF
password and re—file this notice of non-opposition electronically.
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Case 1:07-mc-00100-JJF Document 8 Filed 08/27/2007 Page 2 of 3
Respectfully submitted on this the 22nd clay of August, 2007.
Bernhoft Law Firm, S.C.
Attorneys for the Petitioner
Robert E. Barnes, Esquire
207 East Buffalo Street, Suite 600
Milwaukee, Wisconsin 53202
(4l4) 276-3333 telephone
(414) 276-2822 facsimile
[email protected]
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Case 1 :07-mc-00100-JJF Document 8 Filed 08/27/2007 Page 3 of 3
" UNITED STATES DISTRICT COURT
DISTRICT OF DELEWARE
RICKY DEAN HARDEE, )
)
Petitioner, ) Case No. 2: 07-mc-00100-JFF
)
v. )
)
UNITED STATES OF AMERICA, )
)
Respondent. )
)
CERTIFICATE OF SERVICE
IT IS I-[EREBY CERTIFIED that true and correct copies of the foregoing "Notice of
Non—Opposition to Motion to Dismiss" were served via the U.S. Mail first—class postage prepaid
to:
Seth Madison Beausang, Asst. U.S. Attorney
U.S. Attorney’s Office
P.O. Box 2046
Wilmington, Deleware 19899-2046
Signed this 22nd day of August, 2007.
Daniel J. T reuden
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U naaglmanr 8-2 Filed 08/27/2007 Page 1 of 1
THE BERNHOFT I-AW FIRNL S·C· Oirices in Milwc1ul< August 22, 2007
Peter T. Dalleo, Clerk of Court
U.S. Dist. Court for the Dist. of Delaware
J. Caleb Boggs Federal Building
844 N. King Street
Wilmington, Delaware 19801
Via U.S. Mail
Re: Petition to Quash IRS Summons
Dear Mr. Dalleo:
Enclosed for filing please find an original and two copies each of "Notice of Non-
Opposition to Motion to Dismiss." Please confirm the fact of tiling by fi1e—stamping the
enclosed extra copies of each set of documents and return them to our office in the postage—paid
envelope provided.
Please note that Attorney Bames’ does not yet have an ECE password, therefore this
notice is filed in the traditional paper manner. Thank you for your assistance, and if you have
any questions or require additional information, please correspond with me at any of the contact
points above.
Si1'1C
Daniel Treuden
Paralegal
cc: Seth Madison Beausang, Asst. U.S. Attorney
Ricky Dean Hardee
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