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06-485 - United States of America v. Mengedoht


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06-485 - United States of America v. Mengedoht
July 17, 2006
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ORDER TO SHOW CAUSE - ORDERED that respondent, Jan Major Mengedoht, appear before the undersignedmagistrate judge in the District Court of the United States for the District of Nebraska, inCourtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111South 18th Plaza, Omaha, Nebraska, on the 11th day of September, 2006, at 9:00a.m., to show cause why respondent should not be compelled to comply with the InternalRevenue Service summons served on respondent on April 4, 2006.IT IS FURTHER ORDERED that a copy of this Order, together with the petition andExhibits thereto, be personally served on Jan Major Mengedoht by an official of the InternalRevenue Service within thirty (30) days of the date of this Order and proof of service filedwith the Clerk of the District Court within five (5) business days after such service uponrespondent.IT IS FURTHER ORDERED that within ten (10) days of service of copies of thisOrder, the petition and Exhibits thereto, respondent shall file and serve a written responseto the petition. That if respondent has any defenses to present or motions to make inopposition to the petition, such defenses or motions, if any, shall be made in writing andfiled with the Court, and copies served on the United States Attorney at least five (5)business days prior to the date of the show cause hearing. Only those issues raised bymotion or brought into controversy by the responsive pleading shall be considered by theCourt and any uncontested allegations in the petition shall be deemed admitted; and IT IS FURTHER ORDERED that if respondent complies with the summons,petitioner and respondent may jointly notify the Court in writing on or before the hearing byfiling a notice of compliance with the Clerk of the Court. Upon receipt of such writtennotice, the Court will cancel the hearing. Show Cause Hearing set for 9/11/2006 at 09:00 AM before Magistrate Judge Thomas D. Thalken. Signed by Magistrate Judge Thomas D. Thalken on 7/17/2006. (PCV, )
August 4, 2006
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ORDER - The motion of the United States of America to amend the order to showcause 4 is granted. The Respondent, Jan Major Mengedoht, shall appear before the undersigned magistrate judge in Courtroom No. 7(Omaha) on the 28th day of September, 2006, at 9:00 a.m., to show cause why respondent should not be compelled to comply with the Internal Revenue Service summons served on respondent on April 4, 2006. A copy of this Order, together with the petition and Exhibits thereto, be personally served on Jan Major Mengedoht by an official of the Internal Revenue Service within thirty (30) days of the date of this Order and proof of service filed with the Clerk of the District Court within five (5) business days after such service upon respondent. IT IS FURTHER ORDERED that within ten (10) days of service of copies of this Order, the petition and Exhibits thereto, respondent shall file and serve a written response to the petition. IT IS FURTHER ORDERED that if respondent complies with the summons, petitioner and respondent may jointly notify the Court in writing on or before the hearing by filing a notice of compliance with the Clerk of the Court. Signed by Magistrate Judge Thomas D. Thalken on 8/4/2006. (KBJ)
September 29, 2006
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ORDER,Respondent shall appear before Estate Tax Attorney Michele Moser at theTaxpayer Assistance Collection and Examination Appointment Area, First Floor, 1313Farnam Street, STOP 4431-OMA, Omaha, Nebraska, 68102-1881 on Wednesday,October 18, 2006, at 9:00 a.m. to testify and produce the documents listed in the IRSsummons served on him on August 4, 2006.2. Should Respondent fail to appear at the date and time listed above, he shallbe held in contempt of court and sentenced to the custody of the Attorney General of theUnited States until such time as he shall purge himself of contempt. Case Management Deadline set for 10/18/2006 regarding appearance of defendant in tax court.Ordered by Magistrate Judge Thomas D. Thalken. (PCV, ) (copy of order sent to defendant at 1825 North Bell, PMB #115, Fremont, NE 68125)
October 31, 2006
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ORDER - The motion of the United States of America to hold the Respondent incontempt of an order of this Court 10 is granted. Respondent, Jan Major Mengedoht, shall appear before the undersigned magistrate judge in the District Court of the United States for the District of Nebraska, in Courtroom No. 7, on the 20th day of December, 2006 at 10:00 a.m. to answer for his contempt, or to purge himself of contempt by providing the summonsed testimony and documents. Acopy of this Order, together with the Motion to Hold the Respondent Contempt of Court and exhibits thereto, be personally served on Jan Major Mengedoht by either a United States marshal, a deputy United Sates marshal, or by an official of the Internal Revenue Service within 30 days of the date of this Order. If the Respondent fails to appear as ordered herein, the Respondent shall be sentenced to the custody of the Attorney General of the UnitedStates until such time as he shall purge himself of contempt. Ordered by Magistrate Judge Thomas D. Thalken. Certified copy of this order, the motion, filing 10 and index, filing 11 given to USM. (JAE, )
December 5, 2006
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ORDER granting 17 Motion to Continue the December 20, 2006 hearing and granting the Motion for an Extension of Time to perfect service. Respondent, Jan Major Mengedoht, shall appear before the undersigned magistrate judge in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska on the 7th day of February, 2007 at 9:30a.m. to answer for his contempt, or to purge himself by providing the summonsed testimony and documents. IT IS FURTHER ORDERED that a copy of this order, together with Petitioner's Motion to Continue Hearing and for Extension of Time to Perfect Service, the Order dated October 31, 2006, granting the motion to hold Respondent in contempt and Petitioner's Motion to Hold the Respondent in Contempt of Court and exhibits thereto, be personally served on Jan Major Mengedoht by either a United States marshal, a deputy United States marshal, or by an official of the Internal Revenue Service who is hereby specially appointed for that purpose, within thirty (30) days of the date of this Order and that proof of service as provided for in Fed. R. Civ. P. 4(l) be filed with the Clerk of the District Court within five (5) business days after such service upon Respondent. Ordered by Magistrate Judge Thomas D. Thalken.(PCV, ) (copy of order to US Marshal)
February 14, 2007
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ORDER and REPORT AND RECOMMENDATION - The petitioner's Motion to Strike Order and Motion to Certify Facts of the Case to the District Court Judge 22 is granted in part and denied in part as set forth herein. The Clerk's office shall send a copy of this Order and Report and Recommendation to the respondent at: Jan Major Mengedoht, 19855 County Rd. 11, Herman, Nebraska 68029. It is RECOMMENDED the petition to enfored IRS summons be granted and the respondent be directed to appear to give testimony. Ordered by Magistrate Judge Thomas D. Thalken. Mailed as directed. PART 1 OF 2. (JAE, )
October 23, 2007
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ORDER granting 44 Motion to Extend; IT IS ORDERED: 1. The Petitioner's motion for an extension of time to submit brief is GRANTED. 2. The Petitioner shall have until the close of business on November 2, 2007, to submit its brief. 3. If the Respondent, Jan Major Mengedoht, chooses to respond to the Petitioner's brief, he shall do so in writing no later than ten (10) days after the Petitioner's brief is filed and served. Ordered by Judge Joseph F. Bataillon. (Copies mailed to pro se party)(PCV, )
October 31, 2008
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ORDER jthat before the court is the Status Report (Filing No. 65) filed in case 8:06CV484. The court notes that the Internal Revenue Service is satisfied that summons has been sufficiently complied with in case 8:06CV484 only, and that action can be closed. However, the court has not been given any indication that the summons has been satisfied in case 8:06CV485, and the November 7, 2008, 11:30 a.m., hearing will proceed as scheduled. The defendant must appear at the November 7, 2008, hearing or be in contempt of court. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB, )
November 19, 2008
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ORDER OF DISMISSAL- This matter is hereby dismissed without prejudice, each party to bear their own costs. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)