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15-93017 - United States of America v. LaMotte

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15-93017 - United States of America v. LaMotte
April 19, 2016
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Magistrate Judge Katherine A. Robertson: ORDER entered. REPORT AND RECOMMENDATIONS re 1 Petition to Enforce IRS Summonses filed by United States of America. This court finds that the IRS is already in possession of all of the documents sought by its document summons, and therefore, it is not entitled to an order of enforcement as to it. The court further finds that Respondent properly appeared in response to the IRS summons for testimony and properly invoked his Fifth Amendment privilege against compelled self incrimination in response to each of the questions posed to him by IRS Revenue Agent Britten. Accordingly, the court RECOMMENDS that the government's petition to enforce as to both summonses (Dkt. No. 1) be DISMISSED. Objections to R&R due by 5/3/2016. (Calderon, Melissa)
May 10, 2016
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Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated. Based on this courts de novo review and the thorough analysis presented in the R&R, the court hereby ADOPTS the 19 R&R in its entirety. The governments petition to enforce both summonses is DISMISSED. It is So Ordered.(Lindsay, Maurice)