Free Proposed Order - District Court of Delaware - Delaware

Case 1:06-mc-00003-KAJ

Document 5

Filed 01/04/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
UNITED STATES,

Plaintif,
v.

No.

BEN-CEN, INC.,

Defendant.
ORDER TO SHOW CAUSE

Upon the complaint, including the declaration of Special Agent Thomas

Anastasia, and on the motion of plaintif'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, J. Caleb Boggs Federal Building, 844 North Kig Street, Wilmington,

Delaware, in Courtroom

, on the_day of

, 2006, at

_:_ _.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 personally served upon Ben-Cen, Inc., a Delaware

Corporation, on or before the _ day of

,2006. It is further

ORDERED that within eleven (11) days of service of copies of this order and the

complaint and the declaration upon it, defendant Ben-Cen, Inc., a Delaware

Corporation, shall fie 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) wil be
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Case 1:06-mc-00003-KAJ

Document 5

Filed 01/04/2006

Page 2 of 2

considered at the return of this order, and that any allegations in the complaint not contested by affidavit(s) wil 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

testiy to the matters stated therein. Any affidavit failng to comply with this standard
shall not be considered by this Court. It 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 wil not
be required to respond or appear as ordered above if the Clerk of the Court receives

written notiication 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 of , 200_.

UNITED STATES DISTRICT JUDGE

2

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