United States of America v. Younglove

Filing 43

GARNISHMENT DISPOSITION ORDER adopting Report and Recommendations 40 . IT IS FURTHER ORDERED granting the United States Government's Motion for Entry of Garnishment Disposition Order (Doc. 42 ). (See document for further details). Signed by Judge John J Tuchi on 3/29/16. (LAD)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,
Plaintiff,

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v.

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No. CV-10-00846-PHX-JJT
GARNISHMENT DISPOSITION
ORDER

Douglas S. Younglove,
Defendant.

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Lerner & Rowe, PC,
Garnishee.

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A Writ of Garnishment, directed to the Garnishee, has been duly issued and served

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upon the Garnishee. Pursuant to the Writ of Garnishment, the Garnishee filed an Answer

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on December 16, 2015, stating that at the time of the service of the Writ it had in its

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possession non-exempt earnings belonging to and due the Defendant and that the

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Garnishee was indebted to the Defendant.

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On December 11, 2015, the United States of America notified the Defendant of his

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right to a hearing. The Defendant requested a hearing on the garnishment on

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December 29, 2015. (Doc. 23.) On January 12, 2016, this court referred this matter to

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Magistrate Judge David K. Duncan for the purpose of deciding the request for hearing

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and, if Judge Duncan concluded that a hearing is warranted, conducting the hearing.

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(Doc. 25.) Judge Duncan held hearings on February 16, 2016, February 24, 2016

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(telephonically), and March 8, 2016. (Docs. 27, 31, 34 and 41.) On March 10, 2016,

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Judge Duncan concluded that the Defendant had produced no credible or legally

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supported basis to challenge the requested garnishment and recommended that this Court

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grant the government’s request. (Doc. 40.) Despite the Report and Recommendation

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(“R&R”) warning Defendant that he had fourteen days to file any objections thereto, and

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that his failure to so “may result in the acceptance of the R&R by the district court

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without further review” pursuant to United States v. Reyna-Tapia, 328 F.3d 1114, 1121

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(9th Cir. 2003), Defendant filed no objection. The Court nonetheless conducted a review

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of the R&R, and upon finding the reasons supporting it legally justified and factually

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supported,

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IT IS ORDERED adopting Magistrate Judge David K. Duncan’s Report and
Recommendation (Doc. 40).
IT IS FURTHER ORDERED granting the United States Government’s Motion for
Entry of Garnishment Disposition Order (Doc. 42).

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IT IS FURTHER ORDERED that the Garnishee pay the sum of 25% of the

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Defendant’s non-exempt earnings to the Plaintiff and continue withholding the

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Defendant’s non-exempt earnings and paying them to the Plaintiff until the debt to the

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Plaintiff is paid in full or until the Garnishee no longer has possession of any non-exempt

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earnings belonging to the Defendant or until further Order of this Court. Checks should

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be made payable to the Department of Justice and mailed to U.S. Attorney's Office,

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Financial Litigation Unit, 405 West Congress Street, Suite 4900, Tucson, Arizona 85701-

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5041. Checks should include the Defendant’s name and Court number.

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Dated this 29th day of March, 2016.

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Honorable John J. Tuchi
United States District Judge

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