United States of America v. Pongnorsing et al

Filing 14

ORDER signed by District Judge Morrison C. England, Jr on 7/28/2017 GRANTING 1 Application for Writ of Garnishment; GARNISHING Defendants Suwonnee Pongnorsing and Westside Plaza Pharmacy aka West Modesto Pharmacy's Medicare, Tricare, and Medic aid drug reimbursements; FINDING that the United States is entitled to recover the 10% litigation surcharge authorized under 28 U.S.C. § 3011(a) in addition to the unpaid $175,329.64 judgment balance; ORDERING Garnishee Humana to liqui date, pay and deliver to the U.S. Department of Justice, within 20 days, a cashier's check or money order in the amount of the prescription drug reimbursements and any other property it is holding from 4/18/2017 and to thereafter deliver to the U.S. Department of Justice monthly payments of any prescription drug, or other reimbursements to which the defendants are entitled. CASE CLOSED.. (Michel, G.)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 UNITED STATES OF AMERICA, 11 12 13 14 Plaintiff, v. SUWONNEE PONGNORSING; AND WESTSIDE PLAZA PHARMACY aka WEST MODESTO PHARMACY, 17 ORDER GRANTING APPLICATION FOR A FINAL ORDER OF CONTINUING GARNISHMENT (MEDICARE, TRICARE OR MEDICAID REIMBURSEMENT BENEFITS) Defendant and Judgment Debtors, 15 16 Case No.: 2:17-mc-0065-MCE-CKD ______________________________________ HUMANA PHARMACY SOLUTIONS, INC., Garnishee. 18 19 20 Pending before the Court is the United States’ unopposed application for a final order of 21 continuing garnishment (the Application) garnishing the reimbursement payments defendants Suwonnee 22 Pongnorsing and Westside Plaza Pharmacy aka West Modesto Pharmacy receive from garnishee, Humana 23 Pharmacy Solutions, Inc. (Humana), for prescription drug claims. The Application seeks the total amount 24 of $192,862.60, representing the $175,329.64 judgment balance plus a $17,532.96 litigation surcharge. 25 Interest continues to accrue on the judgment. The Court, finding good cause therefrom, hereby GRANTS 26 the Application. 27 /// 28 /// 29 30 Garnishment Order 1 1 ACCORDINGLY, the Court hereby ORDERS, ADJUDGES and DECREES as follows: 2 1. 3 4 5 6 Defendants Suwonnee Pongnorsing and Westside Plaza Pharmacy aka West Modesto Pharmacy’s (the Defendants) Medicare, Tricare, and Medicaid drug reimbursements are GARNISHED. 2. 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. 3. Garnishee Humana shall LIQUIDATE, PAY, and DELIVER, within twenty (20) days of 7 the date this Order is filed, a cashier’s check or money order to the U.S. Department of Justice in the 8 amount of the prescription drug reimbursements and any other property it is holding from April 18, 2017, 9 the date Humana acknowledged receipt of the United States’ writ of garnishment, through the date of 10 11 electronic filing of this order. 4. Thereafter, the Garnishee shall DELIVER to the U.S. Department of Justice monthly 12 payments of any prescription drug, or other reimbursements to which Defendants are entitled, until the 13 later of: the judgment debt, accrued interest thereon, and litigation surcharge being paid in full; the date 14 Garnishee no longer pays Defendants any prescription drug, or other reimbursements; or further order of 15 this Court. The Garnishee shall NOTIFY Michelle Lecroy of the United States Attorney’s Office, Eastern 16 District of California, Financial Litigation Unit, 501 I Street, Suite 10-100, Sacramento, CA 95831 17 (telephone 916-554-2933) if Garnishee determines the Defendants’ monthly reimbursement payments, or 18 their eligibility for reimbursement payments, ceases. 19 5. The Garnishee shall MAKE the payments ordered above payable to the “U.S. Department 20 of Justice” and deliver the payments to the U.S. Department of Justice, Nationwide Central Intake 21 Facility, P.O. Box 790363, St. Louis, MO, 63179-0363. The Garnishee shall also state the following 22 number on the payment instrument: CDCS No. 2014A05612; and, if it desires a payment receipt, shall 23 include a self-addressed, stamped envelope with the payment. 24 25 IT IS SO ORDERED. Dated: July 28, 2017 26 27 28 29 30 Garnishment Order 2

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