Free Motion to Continue - District Court of Delaware - Delaware

Case 1:06-mc-00003-KAJ

Document 21

Filed 04/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. BEN-CEN, INC., Defendant. ) ) ) ) ) ) ) ) )

Misc. No. 06-003 (JJF)

MOTION FOR CONTINUANCE OF HEARING ON ORDER TO SHOW CAUSE The United States of America, by and through undersigned counsel, respectfully requests that the hearing on the order to show cause why Ben-Cen, Inc. should not be held in contempt of this Court's Order of February 9, 2006, currently scheduled for April 24, 2006, be continued to May 11, 2006, at 11:00 a.m. The reason for this request is that counsel for the United States is scheduled to travel to Nashville, Tennessee, on April 24, 2006, to perform discovery in a case docketed in the United States District Court for the Middle District of Tennessee. Dated: April 6, 2006 Respectfully submitted, COLM F. CONNOLLY United States Attorney /s/ Jennifer L. Best Jennifer L. Best, Esquire Illinois Bar No.6269411 Trial Attorney, Tax Division U.S. Department of Justice PO Box 227, Ben Franklin Station Washington, DC 20044 (202) 307-0714 [email protected]

Case 1:06-mc-00003-KAJ

Document 21

Filed 04/06/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 6th day of April, 2006, I electronically filed the attached MOTION FOR CONTINUANCE OF HEARING ON ORDER TO SHOW CAUSE and a proposed ORDER with the Clerk of the Court using CM/ECF which will send notification of such filing to the following:

/s/ Kathie Gray _____________________________ Kathie Gray Office of the United States Attorney 1007 Orange Street Suite 700 Post Office Box 2046 Wilmington, Delaware 19899 (302) 573-6277 [email protected]

I hereby attest that on this 6th day of April, 2006, I have mailed by United States Postal Service, the document to the following non-registered participants: Ben-Cen, Inc. Russell D. Applegate 620 S. Maryland Avenue Wilmington, DE 19804 Ben Cen, Inc. Russell D. Applegate 3301 Lancaster Pike Wilmington, DE 19805

/s/ Jennifer L. Best Jennifer L. Best, Esquire Illinois Bar No.6269411 Trial Attorney, Tax Division U.S. Department of Justice PO Box 227, Ben Franklin Station Washington, DC 20044 (202) 307-0714 [email protected]

Case 1:06-mc-00003-KAJ

Document 21

Filed 04/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. BEN-CEN, INC., Defendant.

) ) ) ) ) ) ) ) )

Misc. No. 06-003 (JJF)

ORDER UPON CONSIDERATION of the United States' motion for continuance of hearing on the order to show cause, the reasons stated therein, and the entire record herein, IT IS ORDERED that the United States' motion should be and it hereby is granted; and it is, FURTHER ORDERED that a representative of Ben-Cen, Inc. appear before the United States District Court for the District of Delaware, on the 11th day of May, 2006, at 11:00 a.m., in Courtroom 4B, United States Courthouse, Wilmington, Delaware, to show cause why he should not be held in contempt of this Court's Order of February 9, 2006; it is further DONE this ______ day of ________________, 2006.

UNITED STATES DISTRICT JUDGE

1631590.1