USA v. Prescott

Filing 23

STIPULATION AND ORDER FOR CONTINUING GARNISHMENT. Signed by Judge Joseph C. Spero on 2/28/14. (klh, COURT STAFF) (Filed on 3/4/2014)

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MICHAEL COSENTINO, State Bar No. 83253
Attorney at Law
P.O. Box 129
Alameda, CA 94501
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiff
United States of America

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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NO. C98-3891 M

Plaintiff,

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v.

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CHARLES PRESCOTT aka
CHARLES E. PRESCOTT ,

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STIPULATED ORDER OF
CONTINUING GARNISHMENT

Defendant,

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and

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HOME DEPOT, INC.,,

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Garnishee.

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IT IS HEREBY STIPULATED by and between Judgment Creditor, United States of

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America, and Judgment Debtor, CHARLES PRESCOTT aka CHARLES E. PRESCOTT, that

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the STIPULATED ORDER OF CONTINUING GARNISHMENT entered February 16, 2012, at

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docket # 18, be vacated.

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IT IS HEREBY FURTHER STIPULATED that garnishee, HOME DEPOT, INC., withhold

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$125.00 each month from Judgment Debtor’s non-exempt disposable income, commencing

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with the February 16, 2014, pay period, and continuing until the entire current judgment

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principal, last compounded on February 24, 2014, in the amount of $5,328.32, (original
STIPULATED GARNISHMENT ORDER, US v. PRESCOTT , CAND # C98-03891 M

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judgment in the amount of $4,783.90 entered January 5, 1999) plus interest compounded

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annually pursuant to 28 USC §1961(a) & (b) at the rate of 4.513 % per annum on said current

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judgment has been paid in full or until the garnishee no longer has custody, possession or

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control of any property belonging to the debtor or until further Order of this court.

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IT IS HEREBY FURTHER STIPULATED that HOME DEPOT, INC., Garnishee,

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immediately remit to the United States Department of Justice the above mentioned payments

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as and for the month of March, 2014, and as and for each month thereafter.

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IT IS HEREBY FURTHER STIPULATED that said payments be made payable to the

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U.S. Department of Justice, and be mailed to the Department of Justice-NCIF, P.O. Box

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790363, St. Louis, MO 63179-0363, referencing the Judgment Debtor’s name and CDCS

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Claim number 1998B11972 on each check for posting purposes.

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IT IS HEREBY FURTHER STIPULATED that in accordance with the provisions

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of Title 28 U.S.C. Section 636(c) the parties hereby voluntarily waive their rights to proceed

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before a judge of the United States District Court and consent to have a United States

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magistrate judge conduct any and all further proceedings in the case. It is understood that any

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appeal from an order entered by a magistrate judge will be taken directly to the Ninth Circuit

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of the United States Court of Appeals in the same manner as an appeal from any other

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judgment of a District Court.

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By his signature hereafter, CHARLES PRESCOTT aka CHARLES E. PRESCOTT

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acknowledges that he has read, understands and waives all of his rights under the CLERK’S

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NOTICE OF POST-JUDGMENT GARNISHMENT AND INSTRUCTIONS TO DEFENDANT;

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REQUEST FOR HEARING FORM; OBJECTION TO GARNISHEE’S ANSWER AND

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REQUEST FOR HEARING FORM; NOTICE ON HOW TO CLAIM EXEMPTION; CLAIM FOR

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EXEMPTION FORM and the WRIT OF CONTINUING GARNISHMENT and the

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APPLICATION FOR WRIT OF CONTINUING GARNISHMENT in exchange for the herein

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STIPULATED GARNISHMENT ORDER, US v. PRESCOTT , CAND # C98-03891 M

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payment stipulation.

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Dated: February 26, 2014

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/s/
Michael Cosentino, Counsel for United States

Dated: February 26, 2014

_______/s/
CHARLES PRESCOTT aka CHARLES E. PRESCOTT

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IT IS SO ORDERED.
S

Dated: 2/28/14

UNIT
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Spero

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NO

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seph C.
Judge Jo

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UNITED STATES MAGISTRATE JUDGE
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STIPULATED GARNISHMENT ORDER, US v. PRESCOTT , CAND # C98-03891 M

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