United States of America v. Funes

United States of America v. Funes

Petitioner:	United States of America
Respondent:	Jose Miranda Funes
Case Number:	8:2016cv00273
Filed:	June 16, 2016
Court:	US District Court for the District of Nebraska
Office:	8 Omaha Office
Presiding Judge:	Joseph F. Bataillon
Presiding Judge:	Thomas D. Thalken
Nature of Suit:	Other Statutory Actions
Cause of Action:	26 U.S.C. § 7402 IRS: Petition to Enforce IRS Summons
Jury Demanded By:	None

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Date Filed	Document Text
October 28, 2016	Filing 14 ORDER - Upon consideration of the United States' Notice of Dismissal (Filing 13 ), and for good cause shown, IT IS ORDERED that the action be and hereby is dismissed without prejudice to the United States, each party to bear their own costs. IT IS FURTHER ORDERED that the hearing scheduled for November 7, 2016, be and hereby is cancelled. IT IS FURTHER ORDERED that the Clerk's Office mail a copy of this Order to the following: Mr. Jose Miranda Funes, 3315 Drexel Street,Omaha, NE 68107-3907, Matthew J. Bock, Esq., Walentine, OToole, McQuillan & Gordon, LLP, 11240 Davenport Street, P.O. Box 540125, Omaha, NE 68154. Ordered by Senior Judge Joseph F. Bataillon. (Copies mailed as directed)(TCL)
September 19, 2016	Filing 10 ORDER, FINDINGS OF FACT AND RECOMMENDATION AND CERTIFICATION OF FACTS FOR CONTEMPT PROCEEDINGS - IT IS ORDERED: The Clerk's Office shall send a copy of this Order, Findings of Fact and Recommendation, and Certification of Facts for Contempt P roceedings to the Respondent: Mr. Jose Miranda Funes, 3315 Drexel Street, Omaha, NE 68107-3907. IT IS RECOMMENDED TO THE ASSIGNED DISTRICT COURT JUDGE, SENIOR JUDGE JOSEPH F. BATAILLON, that: The Order enforcing the summons (Filing 7 ) be treated as a proposed order and the Petition to Enforce IRS Summons (Filing 1 ) be granted. The Respondent be directed to appear on Thursday, the 20th day of October, 2016 at 9:00 A.M., at United States District Court for the District of Nebraska, Roma n L. Hruska Courthouse, 111 South 18th Plaza, Omaha, Courtroom 3 to give testimony and to bring with him for examination the material identified in the summons or, in the alternative, show cause why he should not be adjudicated in contempt. Pursua nt to NECivR 72.2, any objection to these findings and recommendations shall be filed with the Clerk of the Court within 14 days after being served with a copy of the findings and recommendation. Failure to timely object may constitute a waiver of any objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. Ordered by Magistrate Judge F.A. Gossett. (CopY mailed as directed)(TCL)

Date Filed

Document Text

October 28, 2016

Filing 14 ORDER - Upon consideration of the United States' Notice of Dismissal (Filing 13 ), and for good cause shown, IT IS ORDERED that the action be and hereby is dismissed without prejudice to the United States, each party to bear their own costs. IT IS FURTHER ORDERED that the hearing scheduled for November 7, 2016, be and hereby is cancelled. IT IS FURTHER ORDERED that the Clerk's Office mail a copy of this Order to the following: Mr. Jose Miranda Funes, 3315 Drexel Street,Omaha, NE 68107-3907, Matthew J. Bock, Esq., Walentine, OToole, McQuillan & Gordon, LLP, 11240 Davenport Street, P.O. Box 540125, Omaha, NE 68154. Ordered by Senior Judge Joseph F. Bataillon. (Copies mailed as directed)(TCL)

September 19, 2016

Filing 10 ORDER, FINDINGS OF FACT AND RECOMMENDATION AND CERTIFICATION OF FACTS FOR CONTEMPT PROCEEDINGS - IT IS ORDERED: The Clerk's Office shall send a copy of this Order, Findings of Fact and Recommendation, and Certification of Facts for Contempt P roceedings to the Respondent: Mr. Jose Miranda Funes, 3315 Drexel Street, Omaha, NE 68107-3907. IT IS RECOMMENDED TO THE ASSIGNED DISTRICT COURT JUDGE, SENIOR JUDGE JOSEPH F. BATAILLON, that: The Order enforcing the summons (Filing 7 ) be treated as a proposed order and the Petition to Enforce IRS Summons (Filing 1 ) be granted. The Respondent be directed to appear on Thursday, the 20th day of October, 2016 at 9:00 A.M., at United States District Court for the District of Nebraska, Roma n L. Hruska Courthouse, 111 South 18th Plaza, Omaha, Courtroom 3 to give testimony and to bring with him for examination the material identified in the summons or, in the alternative, show cause why he should not be adjudicated in contempt. Pursua nt to NECivR 72.2, any objection to these findings and recommendations shall be filed with the Clerk of the Court within 14 days after being served with a copy of the findings and recommendation. Failure to timely object may constitute a waiver of any objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. Ordered by Magistrate Judge F.A. Gossett. (CopY mailed as directed)(TCL)

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Respondent: Jose Miranda Funes
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Petitioner: United States of America
Represented By:	Laurie A. Kelly
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