United States of America v. Dawson

Filing 12

STIPULATION and ORDER for Continuing Garnishment (Wages) signed by Magistrate Judge Kendall J. Newman on 04/28/17 (cc: Financial). (Benson, A)

1 PHILLIP A. TALBERT
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,

Case No.: 2:17-MC-0042-MCE-KJN
STIPULATION RE GARNISHMENT;
AND ORDER THEREON

v.

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[No Hearing Requested]

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VENUS LATRES DAWSON,

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Defendant and Judgment Debtor,
______________________________________

Criminal Case No.: 2:08-CR-00482-LKK

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TELECOM, INC.,
(and its successors and assigns)

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Garnishee.

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Plaintiff United States and defendant and judgment debtor Venus Latres Dawson (collectively
the Parties), hereby stipulate to a final resolution of the United States’ pending garnishment action
against Ms. Dawson as follows:
1.

On March 9, 2017, the United States sought a writ of garnishment against the wages and

other monetary compensation Ms. Dawson earns from her employer Telecom, Inc. Misc. Case ECF No.
3. The Clerk of Court issued the requested writ on March 10, 2017. ECF No. 6.
2.

By its writ, the United States seeks to enforce the criminal monetary penalties the Court

imposed against Ms. Dawson in criminal case No. 2:08-CR-00482-LKK. The Court sentenced Ms.

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Stipulation re Garnishment and Order

1 Dawson on September 2, 2009, and ordered her to pay a $100 statutory assessment and $52,876.10 in
2 restitution. CR ECF No. 32. The writ of garnishment seeks the amount of $40,263.53, representing the
3 unpaid restitution balance of $36,603.21 and a ten percent (10%) litigation surcharge of $3,660.32 of the
4 unpaid balance as authorized by 28 U.S.C. § 3011(a) of the Federal Debt Collection Procedures Act
5 (FDCPA), 28 U.S.C. § 3001, et seq.
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3.

The United States served the writ of garnishment on garnishee Telecom, Inc. on March

7 10, 2017. MC ECF No. 4. Telecom, Inc. served its Acknowledgment and Answer (the Answer) to the
8 United States’ writ on March 15, 2017 (MC ECF No. 8), and its Amended Answer on April 5, 2017.
9 MC ECF No. 10. The Amended Answer states that Ms. Dawson receives bi-weekly disposable earnings
10 of $1,289.48. MC ECF No. 10.
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4.

Telecom, Inc. has been withholding 25% of Ms. Dawson’s non-exempt, disposable

12 earnings, wages and bonuses since March 24, 2017. The 25% withholding amount comports with the
13 Consumer Credit Protection Act’s 25% garnishment cap on a debtor’s non-exempt disposable earnings.
14 15 U.S.C. § 1673(a)(1).
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5.

Following negotiations, the Parties have agreed to a settlement of this garnishment action

16 and request that the Magistrate Judge approve the terms of their agreement as set forth below. The
17 United States and Telecom, Inc. previously filed their consent to jurisdiction of the Magistrate Judge
18 forms (MC ECF Nos. 7 and 9, respectively), and Ms. Dawson hereby consents to the Magistrate Judge’s
19 jurisdiction as well. To effectuate her consent, Ms. Dawson warrants that “in accordance with the
20 provisions of Title 28, U.S.C. § 636(c)(1), [she] voluntarily consents to have a United States Magistrate
21 Judge conduct all further proceedings in this case, including trial and entry of final judgment, with direct
22 review by the Ninth Circuit Court of Appeals, in the event an appeal is filed.”
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6.

To effectuate their settlement, the Parties agree that the Court can and should enter an

24 order as follows:
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A.

Garnishing 25% of Ms. Dawson’s non-exempt, disposable bi-weekly Telecom,

26 Inc. bonuses, commissions, earnings, wages (the Garnishable Wages) earned during the period
27 beginning March 24, 2017 and ending April 6, 2017;
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B.

Garnishing 2.5% of Ms. Dawson’s bi-weekly Telecom, Inc. Garnishable Wages
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Stipulation re Garnishment and Order

1 payable after April 7, 2017 and continuing thereafter until this debt is paid in full or further order of
2 Court; and
C.

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Directing Telecom, Inc. to pay the Garnishable Wages to the Clerk of Court as

4 stated more specifically in the accompanying order.
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7.

This is a continuing writ of garnishment against Ms. Dawson’s Telecom, Inc.

6 Garnishable Wages which shall remain in place until further Court order. The Court shall retain
7 jurisdiction to resolve matters through ancillary proceedings in the case, if necessary.
Respectfully submitted,

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9 FOR THE UNITED STATES:
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PHILLIP A. TALBERT
United States Attorney

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Dated: April

, 2017

By:
KURT A. DIDIER
Assistant United States Attorney

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15 FOR THE DEFENDANT:
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Dated: April ____, 2017

By:
VENUS LATRES DAWSON, in pro per

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Stipulation re Garnishment and Order

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ORDER

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The Court, having reviewed the court files and the Parties’ Stipulation re Garnishment (the

3 “Stipulation”), and good cause appearing therefrom, hereby APPROVES the Stipulation. Accordingly,
4 IT IS ORDERED that:
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1.

The United States’ application for a final order of continuing garnishment is GRANTED.

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2.

Telecom, Inc. shall GARNISH 25% of defendant Venus Latres Dawson’s bi-weekly

7 bonuses, commissions, earnings, wages (the Garnishable Wages) earned during the period beginning
8 March 24, 2017, and ending April 6, 2017;
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3.

Beginning on April 7, 2017, Telecom, Inc. shall GARNISH 2.5% of Ms. Dawson’s bi-

10 weekly Garnishable Wages until: the restitution amount is paid in full; further order of this Court; or
11 Telecom, Inc. no longer has custody, possession or control of any property belonging to Ms. Dawson.
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4.

Telecom, Inc. shall DELIVER, within twenty (20) days of the filing of this order, a

13 cashier’s check, money order or company draft in the sum totaling the amounts to be garnished stated
14 above, made payable to the Clerk of Court. Telecom, Inc. shall deliver the payment to the Office of the
15 Clerk, United States District Court, Eastern District of California, 501 I Street, Suite 4-200, Sacramento,
16 California 95814. Telecom, Inc. shall state the docket number (Case No.: 2:08-CR-00482-LKK) on the
17 payment instrument and, if it desires a payment receipt, shall include a self-addressed, stamped envelope
18 with the payment.
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5.

Telecom, Inc. shall also provide the United States a written accounting of the amounts

20 withheld from Ms. Dawson’s payments during the period from service of the writ of garnishment to
21 entry of this final order.
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6.

Following its payment of amount ordered in paragraph 4, above, Telecom, Inc. shall

23 thereafter DELIVER, on a monthly basis, payments to the Clerk of Court consistent with this order.
24 Telecom, Inc. shall NOTIFY the United States, within 30 days, of any change: in the amount of Ms.
25 Dawson’s earnings, wages and bonuses; in her employment status; or affecting Telecom’s status as
26 garnishee under this order.
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7.

This is a CONTINUING writ of garnishment against Ms. Dawson’s Garnishable Wages

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Stipulation re Garnishment and Order

1 which shall remain in place until further Court order. The Court RETAINS jurisdiction to resolve
2 matters through ancillary proceedings in the case, if necessary.
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8.

The Clerk of Court shall administratively CLOSE this case.

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IT IS SO ORDERED.

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6 Dated: April 28, 2017
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Stipulation re Garnishment and Order