United States v. Bradford

Filing 14

ORDER signed by Magistrate Judge Dale A. Drozd on 9/25/15: Hearing on plaintiff's application for writ of garnishment is set for 11/13/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Defendant shall file and serve an opening brief on or before 10/23/15. Plaintiff shall file and serve a response on or before 10/30/15. Defendant shall file and serve a reply on or before 11/6/15. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:15-mc-0022 TLN DAD

Plaintiff,
v.

ORDER

GARRY BRADFORD,
Defendant and Judgment
Debtor.

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On March 16, 2015, plaintiff filed an application for a writ of garnishment. (Dkt. No. 3.)

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Accordingly, on March 20, 2015, the Clerk of the Court sent defendant and judgment debtor a

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Notice and Instructions to Judgment Debtor re: Writ of Continuing Garnishment form, which

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included a Claim for Exemption form and a Request for Hearing form. (Dkt. No. 4.)

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On April 9, 2015, defendant and judgment debtor, proceeding pro se, filed his Claim for

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Exemption and Request for Hearing forms. (Dkt. No. 8.) However, according to those forms, the

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defendant and judgment debtor was incarcerated in Texas at the time of their filing. Accordingly,

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on May 29, 2015, the court ordered the parties to file responsive briefing so that this matter could

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be submitted on the papers. (Dkt. No. 10.)

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Plaintiff filed its brief on June 18, 2015. (Dkt. No. 11.) Defendant and judgement debtor,
now proceeding through counsel, filed a responsive brief on July 2, 2015, (Dkt. No. 12), and an
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amended responsive brief on July 8, 2015. (Dkt. No. 13.) In his amended responsive brief,

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defendant and judgement debtor renews his request for a hearing. (Id. at 1.) Good cause

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appearing, the court will grant defendant’s request for a hearing.

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Accordingly, IT IS HEREBY ORDERED that:
1. A hearing on plaintiff’s application for writ of garnishment is set for Friday,

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November 13, 2015, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento,

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California, in Courtroom No. 27, before the undersigned.
2. All parties are required to appear at the hearing by counsel.1 Any party may

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appear at the hearing telephonically if the party pre-arranges such appearance by contacting Pete

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Buzo, the courtroom deputy of the undersigned magistrate judge, at [phone], no later than

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48 hours before the hearing; a land line telephone number must be provided.

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3. Defendant shall file and serve an opening brief on or before October 23, 2015.

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Plaintiff shall file and serve a response on or before October 30, 2015. Defendant shall file and

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serve a reply on or before November 6, 2015.

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4. The parties are cautioned that failure to file a brief or failure to appear at the

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hearing may result in an order imposing an appropriate sanction. See Local Rules 110 and 183.

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Dated: September 25, 2015

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DAD:6
Ddad1\orders.civil\bradford0022.set.hrg.ord.docx

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Defendant Garry Bradford need not personally appear at the November 13, 2015 hearing and
the court will not issue a Writ of Habeas Corpus ad Testificandum for his appearance.
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