Ho v. United States of America

Background

Jian-Ci Ho moved to set aside the parties’ joint stipulation dismissing his Freedom of Information Act case against the United States. The opinion describes that case as related to pending tax litigation.

Ho stated in his motion and declaration that his then-attorney, John M. Colvin, recommended on May 29 and June 4, 2026, that Ho abandon the case. Ho said he did not consent to dismissal but told Colvin he needed more time to consider it. Colvin later signed the joint stipulation, which the United States filed on June 7, 2026.

Ho stated that he and Colvin spoke on June 9 and 10, but Colvin did not tell him the case had been dismissed. Ho said he called Colvin four more times after June 10 and received no response. Ho learned of the dismissal on June 25, 2026, from a new lawyer he contacted after being unable to reach Colvin.

Court’s Order

The court stated that the conduct described in Ho’s declaration, if true, would be contrary to the California Rules of Professional Conduct and the rules of the Northern District of California. The court ordered Colvin to show cause—meaning to explain—why the matter should not be referred. The excerpt does not identify where the matter would be referred.

Colvin must file a response within 14 days of the order. The response may not exceed 10 pages. The clerk was directed to send the order to Colvin by both United States mail and electronic mail at the addresses listed on the docket.

This order does not state that the court granted or denied Ho’s motion to set aside the dismissal. It is an order requiring Colvin’s response. Judge Jon S. Tigar signed the order on August 17, 2026.