United Student Aid Funds Inc v. DSS IHSS System Payroll

Filing 16

CONSENT DECREE/JUDGMENT signed by Judge William B. Shubb on 6/22/10. CASE CLOSED.(Kaminski, H)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. v. DSS IHSS SYSTEM PAYROLL, Defendant. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Sacramento Division UNITED STUDENT AID FUNDS, INC. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) No. Civ. 2:10-CV-701-WBS-JFM CONSENT DECREE/JUDGMENT

Courtroom: 5

GOOD CAUSE APPEARING, ITS IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. The Court has jurisdiction over this student loan garnishment case pursuant to the Higher Education Action of 1965 and the Federal Family Education Loan Program. See 20 U.S.C. §§ 1071(a), 1085(d), 1095(a)(6); see also 34 C.F.R. 682.410(b)(10)(I)(F). Defendant DSS having acknowledged that as required by the foregoing statutory provisions, between November 22, 2009 and April 14, 2010, it failed to withhold (15%) of the disposable pay of the borrower at issue, (Behzad Azadi) namely, 15% of $6,602.20 or $990.33, plus unpaid interest in the amount of $41.50 (the "Arrearage"), Defendant DSS shall pay to USA as follows: a Lump Sum Payment: DSS shall to remit to USA Funds $3,256.88 on or before August 20, 2010 in the form of a Cashier's Check/Treasurer's Check,
Case No. 2:10-CV-701-WBS-JFM

10cv701 United Student - Order Upon Jt Motn for Entry of Consent Decree.wpd

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. d. b.

Money Order, Attorney Escrow Account check, or other form of guaranteed funds made payable to Fox Rothschild, LLP, attorneys for United Student Aid Funds and delivered to Brett A. Berman, Esquire, Fox Rothschild LLP, 2000 Market Street, Tenth Floor, Philadelphia, PA 19103. This sum is comprised of the "Arrearage" plus statutory attorneys fees totaling $1,777 and recoverable litigation costs totaling $448.05; Future Sum Payments: DSS shall withhold from the wages of employee,

Behzad Azadi and pay to USA Funds 15% of the borrower's disposable commencing April 14, 2010 until said debt is satisfied or his employment terminates, whichever is sooner. Payments for future garnishments shall be by check, in guaranteed immediately available funds, made payable to "Allied Interstate Inc." and delivered to Allied Interstate, Inc. SLS Division 12755 Highway 55 Suite 300 Plymouth MN 55441 unless USA Funds shall notify DSS in writing of another address or addressee to which payments are to be sent. DSS shall notify USA Funds in writing of any changes to its addresses and telephone numbers. The checks shall include Behzad Azadi's name and Social Security Number. Any notice required shall be in writing; delivered to such party by hand or by any form of United States Mail or commercial courier service as provides a written receipt of delivery; effective upon receipt; and addressed to the Party as follows (unless that Party shall in the interim have given notice that such notices shall be delivered to a different address): a. SallieMae, Inc. 11100 USA Parkway Fishers, Indiana 46038 with a copy to: Brett A. Berman, Esquire 2000 Market Street 2
Case No. 2:10-CV-701-WBS-JFM

10cv701 United Student - Order Upon Jt Motn for Entry of Consent Decree.wpd

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 4.

Tenth Floor Philadelphia, Pennsylvania 19103 A failure or forbearance by USA Funds to act upon a Default or otherwise to enforce the terms of this Agreement shall not constitute a waiver of that term or the right to enforce that term. Pursuant to 28 U.S.C §636(c), F.R.Civ.P.73 and Local Rule 305, the Magistrate Judge shall retain jurisdiction over all disputes between and among the parties arising out of the settlement agreement, including but not limited to interpretation and enforcement of the terms of the settlement agreement. Should such proceedings be instituted, the prevailing party shall be entitled to an award of actual attorneys fees and costs pursuant to 20 U.S.C. § 1095(a)(6). IT IS SO ORDERED. Dated: June 22, 2010

10cv701 United Student - Order Upon Jt Motn for Entry of Consent Decree.wpd

3

Case No. 2:10-CV-701-WBS-JFM