1 JEFFREY BOSSERT CLARK Acting Assistant Attorney General 2 JEANNE E. DAVIDSON Director Civil Division 3 JASON M. KENNER NOTE COMPLETE CASE NUMBER Senior Trial Counsel 4 Bar No. 4315180 Civil Division, Dept. of Justice 5 Commercial Litigation Branch 26 Federal Plaza – Suite 346 6 New York, NY 10278 Telephone: (212) 264-9236 7 Facsimile: (212) 264-1916 E-mail: [email protected] 8 Attorneys for the United States 9 UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 SOUTHERN DIVISION 12

13 United States of America, Case No. SACV 20-2165JVS(ADSx)

14 Petitioner, Order to Show Cause

15 v.

16 BEN GHEE TAN,

17 Respondent. 18 19 20 Based upon the Petition to Enforce Department of Homeland Security, 21 U.S. Customs and Border Protection (USCBP) summons, Memorandum of 22 Points and Authorities, and supporting Declaration, the Court finds that 23 Petitioner has established a prima facie case for judicial enforcement of the 24 subject USCBP summons. See United States v. Powell,

, 25

,

(1964). 26 IT IS ORDERED that Respondent appear in a telephonic hearing 27 before this District Court of the United States for the Central District of 1 testimony demanded in the subject USCBP summons should not be 2 compelled: 3 Date: Wednesday, December 9, 2020, 8:30 a.m. 4 Time: 8:30 a.m. 5 Courtroom: Telephonic Hearing 6 Telephone Number: 888-363-4734, Access Code 7043833 7 Ronald Reagan Federal Building and United States 8 Courthouse 9 411 West Fourth Street, Santa Ana, California, 92701 10 11 If there are any issues with the telephonic number, the 12 parties shall contact the CRD at 13 [email protected] 14 15 IT IS FURTHER ORDERED that copies of the following documents 16 be served on Respondent (a) by personal delivery, (b) by leaving a copy at 17 Respondent’s dwelling or usual place of abode with someone of suitable age 18 and discretion who resides there, or (c) by certified mail: 19 1. This Order; 20 2. The Petition and accompanying Declaration; and, 21 3. Memorandum of Points and Authorities. 22 Service may be made by any employee of the USCBP or the United States 23 Department of Justice. 24 IT IS FURTHER ORDERED that within ten (10) days after service 25 upon Respondent of the herein described documents, Respondent shall file 26 and serve a written response, supported by appropriate sworn statements, as 27 well as any desired motions. If, prior to the return date of this Order, 1 || oppose the relief sought in the Petition, nor wish to make an appearance, 2 || then the appearance of Respondent at any hearing pursuant to this Order to 3 || Show Cause is excused, and Respondent shall comply with the summons 4 | within ten (10) days thereafter. 5 IT IS FURTHER ORDERED that all motions and issues raised by 6 || the pleadings will be considered on the return date of this Order. Only those 7 || issues raised by motion or brought into controversy by the responsive 8 || pleadings and supported by sworn statements filed within ten (10) days after 9 || service of the herein described documents will be considered by the Court. 10 | All allegations in the Petition not contested by such responsive pleadings or 11 || by sworn statements will be deemed admitted. 12 13 || DATED: November 12, 2020 Kev utr | / Pe 15 Li 16 UNITED STATES DISTRICT JUDGE 17 JAMES V SELNA 18 || Respectfully submitted, 19 JEFFREY BOSSERT CLARK Acting Assistant Attorney General 20 | JEANNE E. DAVIDSON 91 || Director Civil Division 99 Commercial Litigation Branch

93 || /s/ 24 Jason M. Kenner JASON M. KENNER 25 || Senior Trial Counsel 26 Attorneys for United States 27 28