Kozak et al v. Chabad-Lubavitch Inc. et al

Filing 161

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/2/2016 ORDERING the Court hereby ORDERS, ADJUDGES and DECREES the United States' application for a final order of garnishment in the amount of $1,267.00 is GRANTED; Comerica Bank shall deliver to the US Dept of Justice, within 20 days ofthe filing of this Order, a cashier's check, money order or company draft in the sum of $1,267.00 drawn from defendant Chabad of California's business checking account numbers x-3769 and x-0486 and made payable to the "United States Department of Justice" at the United States' Attorney's Office, Eastern District of CA (Attn: Tina Baca), 501 I Street, Suite 10-100, Sacramento, CA 95814; Comerica Bank shall st ate the docket number (Case No.: 2:10-cv-01056-MCE-EFB) on the payment instrument and, if it desires a payment receipt, shall include a self-addressed, stamped envelope with the payment; Upon its payment of the $1,267.00 to the US, Comerica Bank shall release its hold on Chabad of California's business checking account numbers x-3769 and x-0486; and this is a final order of garnishment; upon payment and processing of the garnished amount as ordered above, this writ shall terminate pursuant to 28:3205(c)(10)(B). (Reader, L)

1 BENJAMIN B. WAGNER
United States Attorney
2 KURT A. DIDIER
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
6 United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.

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Case No.: 2:10-CV-01056-MCE-EFB
STIPULATION REGARDING WRIT OF
GARNISHMENT; AND FINAL ORDER
THEREON

CHABAD OF CALIFORNIA,

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Defendant and Judgment Debtor.

No Hearing Requested

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COMERICA BANK,
Garnishee.

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Plaintiff United States and defendant Chabad of California (the Parties) hereby stipulate to the

21 resolution of the United States’ pending garnishment action as follows:
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1.

An amended judgment in the amount of $713,090.00 was entered against Chabad of

23 California (Chabad) on October 14, 2015. The Clerk of Court taxed costs against Chabad in the amount
24 of $17,302.99 on November 5, 2015. Combined, the amended judgment and cost bill total $730,392.99.
25 To date, the judgment and cost bill remain unpaid.
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2.

The United States sought, and the Clerk issued, a writ of garnishment on February 9,

27 2016 against Chabad’s accounts at garnishee Comerica Bank (Comerica). ECF No. 155.
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Stipulation and Order of Garnishment

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3.

Comerica’s Acknowledgement of Service and Answer of Garnishee (the Answer) to the

2 writ identifies the following two bank accounts in which Chabad maintains an interest:
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A.

Business checking number x-3769 in the amount of $96.00; and

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B.

Business checking number x-0486 in the amount of $1,171.00 (the Accounts).

5 ECF No. 159.
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4.

Chabad stipulates that the United States may garnish the Accounts in their entirety.

7 Accordingly, the Parties agree that the Court can and should enter an order:
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A.

Directing Comerica, as garnishee, to liquidate and pay to the United States

9 Department of Justice (the USDOJ), within 20 days of the filing of the attached garnishment order, the
10 contents of the Accounts as set forth in the order; and
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B.

Terminating the writ of garnishment upon Comerica’s payment to the USDOJ and

12 the USDOJ’s processing of the payment.
13 FOR THE UNITED STATES OF AMERICA:
BENJAMIN B. WAGNER
United States Attorney

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16 Dated: March 1, 2016
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/s/ Kurt A. Didier
KURT A. DIDIER
Assistant United States Attorney

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19 FOR CHABAD OF CALIFORNIA:
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Dated: March 1, 2016

/s/ Mark M. Hathaway
MARK M. HATHAWAY, Esq.,
Counsel for Chabad of California

Stipulation and Order of Garnishment

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ORDER

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The Court, having reviewed the court files and the Parties’ Stipulation Regarding Writ of

3 Garnishment (the Stipulation), and finding good cause therefrom, hereby approves the Stipulation.
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ACCORDINGLY, the Court hereby ORDERS, ADJUDGES and DECREES as follows:

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1.

The United States’ application for a final order of garnishment in the amount of $1,267.00

6 is granted;
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2.

Comerica Bank shall deliver to the United States Department of Justice, within 20 days of

8 the filing of this Order, a cashier’s check, money order or company draft in the sum of $1,267.00 drawn
9 from defendant Chabad of California’s business checking account numbers x-3769 and x-0486 and made
10 payable to the “United States Department of Justice” at the United States’ Attorney’s Office, Eastern
11 District of California (Attn: Tina Baca), 501 I Street, Suite 10-100, Sacramento, California 95814.
12 Comerica Bank shall state the docket number (Case No.: 2:10-cv-01056-MCE-EFB) on the payment
13 instrument and, if it desires a payment receipt, shall include a self-addressed, stamped envelope with the
14 payment;
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3.

Upon its payment of the $1,267.00 to the United States, Comerica Bank shall release its

16 hold on Chabad of California’s business checking account numbers x-3769 and x-0486; and
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4.

This is a final order of garnishment; upon payment and processing of the garnished amount

18 as ordered above, this writ shall terminate pursuant to 28 U.S.C. § 3205(c)(10)(B).
19 IT IS SO ORDERED.
20 Dated: March 2, 2016.
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Order of Garnishment