Free Order to Show Cause - District Court of Delaware - Delaware

- Case 1 :06-mc—000O3-KAJ Document 9 Filed 01/18/2006 Page 1 of 2
IN TI-IE UNITED STATES DISTRICT COURT FOR TI-IE
DISTRICT OF DELAWARE
UNITED STATES,
Plaintiff,
BEN-CEN, INC.,
Defendant.
ORDER TO SHOW CAUSE
Upon the complaint, including the declaration of Special Agent Thomas
Anastasia, and on the motion of plaintiff's attorneys, it is now
ORDERED that a representative of Ben-Cen, Inc., a Delaware Corporation, shall
appear before the United States District Court for the District of Delaware, at the United
States Courthouse,]. Caleb Boggs Federal Building, 844 North King Street, Wilmington,
Delaware, in Courtroom on the iay of R. U ` 2006, at
_fl;.m., to show cause why he should not be compelled to obey the internal
revenue summons served upon it on july 28, 2005, in the investigation of Russell D.
Applegate. It is further
ORDERED that copies of this order, together with the complaint and the
declaration attached thereto, be npegignally s ed upon Ben-Cen, Inc., a Delaware
Corporation, on or before the day of ti 2006. It is further
ORDERED that within eleven (I1) days of service of copies of this order and the
complaint and the declaration upon it, defendant Ben-Cen, Inc., a Delaware
Corporation, shall file and serve written responses to the complaint, supported by
appropriate affidavit(s), as well as any motions it desires to make. It is further
ORDERED that all motions and issues raised by the defendant will be considered
upon the return date of this order, that only those issues raised by motion or brought
into controversy by the responsive pleadings and supported by affidavit(s) will be
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- Case 1:06-mc—OOOO3-KAJ Document 9 Filed O1/18/2006 Page 2 of 2
considered at the return of this order, and that any allegations in the complaint not
contested by affidavit(s) will be considered as admitted for the purpose of this
enforcement proceeding. Affidavits in opposition to the complaint or in support of any
motion shall be made on personal knowledge, shall set forth such facts as would be
admissible in evidence, and shall show affirmatively that the affiant is competent to
testify to the matters stated therein. Any affidavit failing to comply with this standard
shall not be considered by this Court. lt is further
ORDERED that if defendant Ben-Cen, Inc., a Delaware Corporation, has no
objection to entry of an order directing compliance with the summons issued, it will not
be required to respond or appear as ordered above if the Clerk of the Court receives
written notification thereof (with copies to counsel for the United States) at least five (5)
business days prior to the hearing scheduled above.
DONE at Wilmington, Delaware this day o M · 200§;:
U L Dl f i E
2 14v0494.1