United States v. Pongnorsing et al

Filing 12

ORDER GRANTING APPLICATION FOR A FINAL ORDER OF CONTINUING GARNISHMENT (MEDICARE, TRICARE OR MEDICAID REIMBURSEMENT BENEFITS) signed by District Judge Morrison C. England, Jr., on 8/28/17. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.
SUWONNEE PONGNORSING; AND
WESTSIDE PLAZA PHARMACY aka
WEST MODESTO PHARMACY,

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ORDER GRANTING APPLICATION FOR
A FINAL ORDER OF CONTINUING
GARNISHMENT (MEDICARE, TRICARE
OR MEDICAID REIMBURSEMENT
BENEFITS)

Defendant and Judgment Debtors,

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Case No.: 2:17-mc-00060-MCE-CKD

______________________________________
SILVERSCRIPT INSURANCE COMPANY
(and its Successors and Assignees),
Garnishee.

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Pending before the Court is the United States’ unopposed application for a final order of

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continuing garnishment (the Application) garnishing the reimbursement payments defendants Suwonnee

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Pongnorsing and Westside Plaza Pharmacy aka West Modesto Pharmacy receive from garnishee,

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Silverscript Insurance Company (Silverscript), for prescription drug claims. The Application seeks the

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total amount of $192,862.60, representing the $175,329.64 judgment balance plus a $17,532.96 litigation

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surcharge. Interest continues to accrue on the judgment. The Court, finding good cause therefrom,

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hereby GRANTS the Application.

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Garnishment Order

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ACCORDINGLY, the Court hereby ORDERS, ADJUDGES and DECREES as follows:

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1.

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Defendants Suwonnee Pongnorsing and Westside Plaza Pharmacy aka West Modesto

Pharmacy’s (the Defendants) Medicare, Tricare and Medicaid drug reimbursements are GARNISHED.
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The United States is ENTITLED to recover the ten percent (10%) litigation surcharge

authorized under 28 U.S.C. § 3011(a) in addition to the unpaid $175,329.64 judgment balance.
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Garnishee Silverscript shall LIQUIDATE, PAY and DELIVER, within twenty (20) days of

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the date this Order is filed, a cashier’s check or money order to the U.S. Department of Justice in the

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amount of the prescription drug reimbursements and any other property it is holding from April 18, 2017,

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the date Silverscript acknowledged receipt of the United States’ writ of garnishment, through the filing

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date of this order.

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4.

Thereafter, the Garnishee shall DELIVER to the U.S. Department of Justice monthly

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payments of any prescription drug, or other reimbursements to which Defendants are entitled until the

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later of: the judgment debt, accrued interest thereon and litigation surcharge being paid in full; the date

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Garnishee no longer pays Defendants any prescription drug, or other reimbursements; or further order of

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this Court. The Garnishee shall NOTIFY Michelle Lecroy of the United States Attorney’s Office, Eastern

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District of California, Financial Litigation Unit, 501 I Street, Suite 10-100, Sacramento, CA 95831

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(telephone [phone]) if Garnishee determines the Defendants’ monthly reimbursement payments, or

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their eligibility for reimbursement payments, ceases.

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5.

The Garnishee shall MAKE the payments ordered above payable to the “U.S. Department

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of Justice” and deliver the payments to the U.S. Department of Justice, Nationwide Central Intake

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Facility, Post Office Box 790363, St. Louis, MO, 63179-0363. The Garnishee shall also state the

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following number on the payment instrument: CDCS No. 2014A05612; and, if it desires a payment

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receipt, shall include a self-addressed, stamped envelope with the payment.

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IT IS SO ORDERED.
Dated: August 28, 2017

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Garnishment Order

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