United States v. Friend

Filing 8

STIPULATION AND ORDER signed by Magistrate Judge Kendall J. Newman on 8/14/2017 ORDERING Paula Friend to respond to the pending 4 Writ of Garnishment (Retirement Accounts) by 10/2/2017. (Michel, G.)

1 PHILLIP A. TALBERT
United States Attorney
2 PATRICK J. SUTER
Assistant United States Attorney
3 2500 Tulare Street, Suite 4401
Fresno, CA 93721
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,
v.

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CASE NO.: 2:17-MC-00096-GEB-KJN
STIPULATION AND EXTENSION
REGARDING WRIT OF GARNISHMENT
(RETIREMENT ACCOUNTS)

MARK F. FRIEND,
CRIMINAL CASE. NO.: 2:15-CR-00083-GEB

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Defendant and Judgment Debtor.
No Hearing Requested

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PRINCIPAL FINANCIAL GROUP,

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Garnishee.

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On November 18, 2016, the Court sentenced Defendant/Judgment Debtor Mark F. Friend

21 (“Defendant”) in case number 2:15-CR-00083-GEG. Defendant’s sentence included an order to pay a
22 $100 statutory assessment and $1,889,379 in criminal restitution. In an effort to collect upon this debt,
23 the United States commenced the instant miscellaneous action seeking a writ of garnishment on certain
24 retirement accounts in the name of Paula Friend, Defendant’s spouse, in which Defendant is believed to
25 have an interest. (Dkt. 2) The Clerk of the Court issued the writ of garnishment on June 15, 2017.
26 (Dkt. 4). The United States thereafter served the garnishment package on counsel for Defendant and
27 separately on counsel for Mrs. Friend.
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STIPULATION AND EXTENSION REGARDING
WRIT OF CONTINUING GARNISHMENT
(RETIREMENT ACCOUNTS)

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Pursuant to 28 U.S.C. § 3205, et seq., Mrs. Friend has twenty (20) days from receipt of the

2 Answer of Garnishee to file a claim for exemption or otherwise request a hearing. Based on the service
3 date of the Answer of Garnishee, Mrs. Friend’s response is due by August 11, 2017.
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To facilitate an informal resolution of this matter, the parties stipulate and agree that due date for

5 Paula Friend’s response to the pending Writ of Garnishment (Retirement Accounts) in the above6 captioned miscellaneous case shall be continued from August 11, 2017 to October 2, 2017.
7 FOR THE UNITED STATES OF AMERICA:
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Respectfully submitted,

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PHILLIP A. TALBERT
United States Attorney

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11 Dated: August 10, 2017
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/s/ Patrick J. Suter
PATRICK J. SUTER
Assistant United States Attorney

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14 FOR PAULA FRIEND
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16 Dated: August 10, 2017

/s/ Kent Calfee
KENT CALFEE, Counsel for Paula Friend

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STIPULATION AND EXTENSION REGARDING
WRIT OF CONTINUING GARNISHMENT
(RETIREMENT ACCOUNTS)

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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,
Plaintiff,

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v.
MARK F. FRIEND,

CASE NO. 2:17-MC-00096-GEB-KJN
ORDER REGARDING STIPULATION AND
EXTENSION OF WIRT OF GARNISHMENT
(RETIREMENT ACCOUNTS)
CRIMINAL CASE NO.: 2:15-CR-00083-GEB

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Defendant and Judgment Debtor.

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PRINCIPAL FINANCIAL GROUP
Garnishee.
The Court, having reviewed the court files and the parties’ Stipulation Regarding Writ of
Garnishment (the Stipulation), and finding good cause therefor, hereby APPROVES the Stipulation.
ACCORDINGLY, the Court hereby ORDERS that Paula Friend’s response to the pending Writ of
Garnishment (Retirement Accounts) in the above-captioned miscellaneous case shall be continued from
August 11, 2017, to October 2, 2017.
IT IS SO ORDERED.
Dated: August 14, 2017

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Stipulation and Order of Garnishment