USA v. Newbold
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 10/24/24 GRANTING 9 Request and RECOMMENDING that Toms Sierra Company, Inc. be directed to pay the Clerk all funds held by the garnishee. Referred to District Judge Daniel J. Calabretta; Objections to these Findings and Recommendations due within 14 days. (Benson, A.)
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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.
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BRENT LEE NEWBOLD,
Case No. 2:23-MC-00426-DJC-JDP
[PROPOSED] FINDINGS AND
RECOMMENDATIONS FOR FINAL
ORDER OF CONTINUING GARNISHMENT
Criminal Case No. 2:14-CR-00223-JAM
Debtor.
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TOMS SIERRA COMPANY, INC.,
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Garnishee.
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The Court, having reviewed its files and the United States’ Request for Findings and
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21 Recommendations for Final Order of Continuing Garnishment, and good cause appearing, hereby
22 recommends a Final Order of Continuing Garnishment be granted.
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Accordingly, IT IS RECOMMENDED that:
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1.
The United States’ Request for Findings and Recommendations for Final Order of
25 Continuing Garnishment be GRANTED;
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[PROPOSED] FINDINGS AND RECOMMENDATIONS
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Toms Sierra Company, Inc., be directed to pay the Clerk of the United States District
2 Court all of the funds in the accounts held by Garnishee in which Debtor has an interest within fifteen
3 (15) days of the filing of the Final Order. Payment shall be made in the form of a check, money order,
4 or company draft, made payable to the “Clerk of the Court” and delivered to:
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Office of the Clerk
501 I St., Rm. 4-200
Sacramento, CA 95814
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7 The criminal docket number (2:14-CR-00223-JAM) shall be stated on the payment instrument;
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The United States be entitled to recover a $275,699.60 litigation surcharge after
9 satisfaction of the judgment amount owed by Brent Lee Newbold;
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The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the
11 case, if necessary; and
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The garnishment shall terminate when the payment is deposited with the Clerk of the
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These findings and recommendations are submitted to the United States District Judge assigned
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15 to the case pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days, after being
16 served with these findings and recommendations, any party may file written objections with the court
17 and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s
18 Findings and Recommendations.” Failure to file objections within the specified time may waive the
19 right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998);
20 Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991).
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IT IS SO ORDERED.
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Dated:
October 24, 2024
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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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[PROPOSED] FINDINGS AND RECOMMENDATIONS
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