United States of America v. Clauer

Filing 31

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: [phone]
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

<fl,@

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and

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$52,E.i{

shall be paid from the Defendant's Wells Fargo Bank account Numbers 3677 and 0918 P}

to the United States Department ofJustice as repayment for VA benefits overpayment.

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ffio,Wis

Def-endant may
Once $70,592# is paid to the United States Department of Justice, the Defendant may
Once

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regain control of his inmate trust account and his Wells Fargo Bank accounts and the Writs will be

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terminated.

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The parties further agree that once the funds described in paragraphs 8 and

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been paid to the United States Department ofJustice, the United States

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herein have

will dismiss the underlying civil

action (Case No. 2:17-CV-01933-WBS-AC).

t7 FOR THE UNITED STATES OF AMERICA:
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McGREGOR W. SCOTT
United States Attorney

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Dated:

l- t-t - t$

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Assistant United states Attorney

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FOR THE DEFENDANT AND JUDGMENT DEBTOR JOHN BRUCE

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Dated:

JOHN BRUCE CLAUER, an individual, in pro per

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STIPULA'I'ION RE: PRI]JUDGMENT WRITS OF
GARNISHMENT; AND ORDER THEREON

ORDER

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The Court, having reviewed the court files and the parties’ Stipulation Regarding Prejudgment

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3 Writ of Garnishment (the Stipulation), and finding good cause therefor, hereby APPROVES the
4 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 an order of garnishment in the amount of $70,000.00

7 is GRANTED;
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California Department of Corrections shall DELIVER, within twenty (20) days of the

9 date of this Order, a cashier’s check, money order or company draft in the sum of $18,000.00 drawn
10 from Defendant’s inmate trust account, and made payable to the U.S. Department of Justice and mailed
11 to U.S. Department of Justice, Nationwide Central Intake Facility, P.O. Box 790363, St. Louis, MO
12 63179-0363. CDCR shall also state the CDCS Number (2016A13439) on the payment instrument and, if
13 it desires a payment receipt, shall include a self-addressed, stamped envelope with the payment;
3.

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Wells Fargo Bank shall DELIVER, within twenty (20) days of the date of this Order, a

15 cashier’s check, money order or company draft in the sum of $52,000.10 drawn from Defendant’s
16 checking and saving account ending in numbers 3677 and 0918, and made payable to the United States
17 Department of Justice and mailed to United States Government Lockbox, Attention: DOJ Production
18 Manager/Box 790363, 1005 Convention Plaza, SL-MO-C2GL, St. Louis, Missouri, 63101.
4.

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Wells Fargo Bank shall also state the CDCS Number (2016A13439) on the payment

20 instrument and, if it desires a payment receipt, shall include a self-addressed, stamped envelope with the
21 payment.
5.

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Upon the signing of this Order, CDCR and Wells Fargo Bank shall RELEASE its hold on

23 any amount exceeding $18,000.00 in the inmate trust account and $52,000.00 in account numbers 3677
24 and 0918 associated with Defendant John Bruce Clauer; and
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ORDER

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

2 garnished amount as ordered above, these writs shall TERMINATE pursuant to 28 U.S.C. §
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3205(c)(10).

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IT IS FURTHER ORDERED that upon receipt of the payments described in paragraphs 2

5 and 3 herein, the United States shall dismiss Case No. 2:17-cV-01933-WBS-AC in its entirety.
6 IT IS SO ORDERED.
7 Dated: January 23, 2018
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ORDER

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