Rincon Mancheno v. Richard

Filing 33

STIPULATED JUDGMENT signed by Magistrate Judge Gregory G. Hollows on 10/12/16. CASE CLOSED (Benson, A)

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JOHN N. DROOYAN, ESQ./SBN 238609
LAW OFFICE OF JOHN DROOYAN
2 259 West 7" Street
San Pedro, CA 90731
3 Telephone: [phone]
Facsimile: [phone]
4 [e-mail]

5

Attorney for Plaintiff
Maria Jose Rincon Mancheno

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7 Joedy P. DeFrank, ESQ. /SBN 105102
2386 Fair Oaks Blvd., Ste. 202
8 Sacramento, CA 95825
Telephone: [phone]
9 Facsimile: [phone]
[e-mail]
10
Attorney for Defendant
11 Robert J. Richard

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UNITED STATES DISTRICT
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COURT

EASTERN DISTRICT OF CALIFORNIA

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MARIA JOSE RINCON MANCHENO,
an Individual,

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Case No. 2:15-CV-01975-KJM-GGH

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STIPULATED

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Plaintiff,
vs.

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ROBERT J. RICHARD,
Individual

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M

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Defendant.

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STIPULATED JUDGMENT

JUDGMENT

TO THE COURT AND ALL PARTIES:

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Pursuant to the terms agreed to at the settlement

conference

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with Judge Gregory G. Hollows, conducted on June 9, 2016, by

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Plaintiff MARIA JOSE RINCON MANCHENO, Hho appeared by telephone,

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and Defendant Robert J. Richard, who personally appeared at the

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settlement

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Plaintiff's

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Joedy DeFrank, both of whom appeared at the Settlement

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Conference,

conference; the terms of which were approved by

counsel John N. Drooyan, and Defendant's

counsel

the parties submit the following STIPULATED

JUDGMENT:

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(i) Pursuant to parties 5075 days of marriage until

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separation,

and Defendant ROBERT RICHARD's

9318 days of service

12 in the United States Air Force, Plaintiff MARIA RINCON MANCHENO

13 has a .2723 community property interest in Defendant ROBERT

14 RICHARD's military

retirement pay.

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(ii) Defendant RICHARD currently receives monthly pension

16 payments

in the gross amount of $2,882.00; of which $784.76 are

17 owed to Plaintiff MANCHENO.

Defendant RICHARD will hereafter

18 make monthly payments, currently in the amount of $784.76, to

19 Plaintiff MANCHENO for her community property interest in

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Defendant RICHARD's military retirement pay.

Payment is due the

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first of each month beginning with August 1, 2016.

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(iii) The parties will cooperate in order for Defendant

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RICHARD to submit the proper paperwork to the Defense Accounting

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and Finance Service

("DFAS") to process and make

monthly

25 payments directly to Plaintiff MANCHENO for Plaintiff's

community

26 property

share of Defendant RICHARD's military retirement pay.

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STIPULATED JUDGMENT

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(iv) Until such time as the DFAS begins making

monthly

2 payments directly to Plaintiff MANCHENO for Plaintiff's community

3 property share of Defendant RICHARD's military retirement pay,

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Defendant RICHARD will make payments to Plaintiff which are to be

5 deposited into the parties' Navy Federal Credit Joint Account

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#7003814527 with routing #250-7497-4; beginning with $784.76 on

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or before August 1, 2016; and due the first of each month

8 thereafter.

While Plaintiff MANCHENO awaits the processing of

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her own card for the aforementioned joint account, Plaintiff

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MANCHENO will be using Defendant RICHARD's card to access her

11 monthly share of Defendant RICHARD's military retirement pay.

At

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the beginning of each new year Defendant RICHARD will inform

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Plaintiff MANCHENO of the amount Defendant RICHARD's monthly

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retirement pay, which increases each year, for the current year.

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(v) In the event that the DFAS and Defendant RICHARD both

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make a payment or payments for the same time period, and are

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duplicate payments,

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duplicated payment or payments.

Plaintiff MANCHENO will refund the

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(vi) Beginning August 1, 2016, Defendant RICHARD will make

20 monthly payments of $500 to Plaintiff's counsel John Drooyan (for

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attorney's fee and costs), located at 259 West 7'" Street, San

22 Pedro, California 90731; which shall be due on the first of every

23 month, and shall continue for two years with the last payment due

24 July 1, 2018.

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(vii) Beginning August 1, 2018, Defendant RICHARD will make

26 monthly payments of $300 to Plaintiff MARIA MANCHENO (for money

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STIPULATED JUDGMENT

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owed Plaintiff from Defendant's past military retirement pay) in

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addition to Defendant's monthly payment of Plaintiff's .2723

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community property interest in Plaintiff's military retirement

4 pay, to be deposited to the parties' Navy Federal Credit Joint

5 Account #7003814527 with routing #250-7497-4; which shall be
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due on the first of every month, and shall continue for five

7 years with the last final payment due July 1 , 2023.

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(viii) The Court will retain jurisdiction until Defendant

9 RICHARD makes the final monthly payment of $300, due on July l,

10 2023.

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Dated: September

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1
15 Dated: September

/s/
Maria Jose Rincon Mancheno

, 2016

, 2016

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LAW OFFICE OF JOHN DROOYAN

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/s/

John N. Drooyan
 18                                                                                                     Attorney For Plaintiff
Maria Jose Rincon Mancheno
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Date: September , 2016

/s/
Robert J. Richard

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Date: September,

2016

JOEDY DEFRANK

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/s/

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Joedy P. DeFrank
Attorney for Defendant
Robert J. Richard

(continued to the next page)

         IT IS SO ORDERED AND THE Clerk shall close this case. 

        Dated: October 12, 2016 
                                                                                     /s/ Gregory G. Hollows 
                                                                    UNITED STATES MAGISTRATE JUDGE

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STIPULATED JUDGMENT

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