United States of America v. Clauer
Filing
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/23/2018 ORDERING the Court, having reviewed the court files and the parties' Stipulation Regarding Prejudgment Writ of Garnishment and finding good cause therefor, hereby APPROVES the Stipulation. (Becknal, R)
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McGREGOR W. SCOTT
United States Attomey
PATRICK J. SU'I'ER
Assistant United States Attomey
2500 Tulare Street, Suite 4401
Fresno, CA 93721
Telephone: (559) 497 -4000
Facsimile: (559) 497 -4099
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Attomeys for Plaintiff
United States of America
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IN THE T,]NITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
Plaintiff.
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v.
CASE NO. 2:17-CV-01933-WBS-AC
STIPULATION RE: PREJUDGMENT WRITS
OF GARNISHMENT; AND ORDERTHEREON
JOHN BRUCE CLAUER,
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Defendant.
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The pades stipulate to the resolution of the United States' pending prejudgment gamishment
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actions against defendant John Bruce Clauer's ("Defendant") Califomia Department of Conections
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("CDCR') inmate trust account and Wells Fargo Bank accounts
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1.
as follows:
On September 18,2017, the United States commenced the instant action filing its
Complaint seeking repayment of VA Disability Benefits overpayments. (DE-1)
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Concurrent with filing the complaint in this matter, the United States filed Ex Parte
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Applications lor Prejudgment Writs of Gamishment seeking funds held by Wells Fargo Bank and in
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Defendant's CDCR inmate trust account. (DE-2)
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3.
On September 21,2017, the Court granted Plaintiff United States' Ex Parte Application
and issued two Prejudgment Writs of Gamishment. (DE-7).
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The Clerk of the Court issued the Prejudgment Writs of Gamishment on September 21,
2017. (DE-8 and 9).
STIPULATION RE; PRTJJTJDCMENT WRITS OF
GARNISHMEN'I'; AND ORDER THEREON
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Following issuance of the Prejudgment Writs of Gamishment by the Clerk of the Court
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and upon service thereof, CDCR froze Defendant John Bruce Clauer's inmate trust account located at
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Mule Creek State Prison as well as his Wells Fargo Bank accounts.
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Defendant's inmate trust account (DE-12).
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CDCR filed and served its answer to the writ, stating that it is holding $18,455.13 in
Welts Fargo Bank filed and served its answer to the writ, stating that it is holding
r accounts (DE-13). $52,137.10 in Defendant's bank aLLuu,Lr."irrr".,.*
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The parties agree that: $18,16#13 shall be paid from Defendant's inmate trust account
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