USA v. Tikal

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 07/24/2024 RECOMMENDING that U.S.' Request for Findings and Recommendations for Final Order of Continuing Garnishment be granted and that Garnishee Camping World Hol dings Group, Inc., be directed to pay 25% of Debtor Tamara Tikal's (a.k.a. Tamara Ward) ongoing and non-exempt disposable earnings and the U.S. be entitled to recover a $364,274.43 litigation surcharge after satisfaction of the judgment. Referred to Judge Dale A. Drozd. Objections due within 14 days of service of these Findings and Recommendations. (Lopez, K)

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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.
TAMARA TERESA TIKAL,

Case No. 2:24-MC-00080-DAD-JDP
[PROPOSED] FINDINGS AND
RECOMMENDATIONS FOR FINAL
ORDER OF CONTINUING GARNISHMENT
Criminal Case No. 2:12-CR-00362-TLN

Debtor.

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CAMPING WORLD HOLDINGS GROUP,
INC.,
Garnishee.

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The Court, having reviewed its files and the United States’ Request for Findings and

22 Recommendations for Final Order of Continuing Garnishment, and good cause appearing, hereby
23 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

26 Continuing Garnishment be GRANTED;
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2.

Garnishee Camping World Holdings Group, Inc., be directed to pay the Clerk of the

28 United States District Court twenty-five percent (25%) of Debtor Tamara Tikal’s (a.k.a. Tamara Ward)
[PROPOSED] FINDINGS AND RECOMMENDATIONS

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1 ongoing and non-exempt disposable earnings, including, but not limited to wages, earnings,
2 commissions, and bonuses;
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3.

Garnishee Camping World Holdings Group, Inc., be directed to pay the Clerk of the

4 United States District Court the amount of non-exempt disposable earnings, including, but not limited to
5 wages, earnings, commissions, and bonuses, already withheld as a result of the writ, within fifteen (15)
6 days of the filing of the Final Order. Payment shall be made in the form of a check, money order, or
7 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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10 The criminal docket number (2:12-CR-00362-TLN) shall be stated on the payment instrument;
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4.

The United States be entitled to recover a $364,274.43 litigation surcharge after

12 satisfaction of the judgment amount owed by Tamara Tikal;
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5.

The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the

14 case, if necessary; and
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6.

The garnishment shall terminate when (1) the United States seeks to terminate the writ or

16 (2) when the judgment amount and litigation surcharge are fully satisfied.
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These findings and recommendations are submitted to the United States District Judge

18 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of
19 service of these findings and recommendations, any party may file written objections with the court and
20 serve a copy on all parties. Any such document should be captioned “Objections to Magistrate Judge’s
21 Findings and Recommendations,” and any response shall be served and filed within fourteen days of
22 service of the objections. The parties are advised that failure to file objections within the specified time
23 may waive the right to appeal the District Court’s order. See Turner v. Duncan, 158 F.3d 449, 455 (9th
24 Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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[PROPOSED] FINDINGS AND RECOMMENDATIONS

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IT IS SO ORDERED.

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Dated:

July 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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