USA v. Jackson

Filing 16

ORDER by Magistrate Judge Bernard Zimmerman granting 13 Ex Parte Application (bzsec, COURT STAFF) (Filed on 4/13/2009)

1 MICHAEL COSENTINO, State Bar No. 83253 Attorney at Law 2 P.O. Box 129 Alameda, CA 94501 3 Telephone: [phone] Attorney for Plaintiff United States of America 5 6 7 8 9 10 UNITED STATES OF AMERICA, 11 Plaintiff, 12 v. 13 MARION D. JACKSON 14 Defendant(s). 15 and 16 AMERICAN AIRLINES, INC. 17 Garnishee 18 19 / A Writ of Continuing Garnishment, directed to the above captioned Garnishee, has ORDER OF CONTINUING GARNISHMENT No.C01-3525 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

20 been duly issued and served upon the Garnishee. Pursuant to the Writ of Continuing 21 Garnishment, the Garnishee served an Answer to the Writ by mail on December 17, 2008, 22 stating that at the time of the service of the Writ, the Garnishee will have in its possession or 23 under its control personal property belonging to and due the above entitled defendant 24 (debtor, hereafter), and that Garnishee will be indebted to debtor in the sum of his/her gross 25 wages, upon the debtor's return to work from Worker's Compensation. 26 On August 13, 2008, the debtor was notified of his/her right to a hearing and has not

27 requested a hearing to determine exempt property, nor has debtor filed an Objection 28 ///
ORDER OF CONTINUING GARNISHMENT, cand C01-3525

1 to the Answer of Garnishee or requested a hearing on such an Objection. 2 The Application of Plaintiff and the Declaration of Michael Cosentino in Support of

3 the Application for an ORDER OF CONTINUING GARNISHMENT having been considered, 4 the matter having been submitted and good cause appearing therefor, 5 IT IS ORDERED that AMERICAN AIRLINES, INC., Garnishee, immediately remit to

6 the United States Department of Justice all monies held from each pay period of the debtor 7 from the date debtor returns to work from Worker's Compensation, and continue to pay 8 25% of net earnings for all future pay periods to plaintiff until the judgment of $3,454.91, 9 plus post judgment interest at the rate of 2.35% compounded annually pursuant to 28 USC 10 §1961(b) from the date of judgment entry, NOVEMBER 30, 2001, less any sums tendered 11 toward satisfaction of the obligation during said time period, until the judgment is paid in full 12 or until the Garnishee no longer has custody, possession or control of any property 13 belonging to the debtor or until further Order of this court. The balance due on the 14 judgment as of April 2, 2009, is $2,838.26. 15 IT IS FURTHER ORDERED that said payments be made payable to the U.S.

16 Department of Justice, and be mailed to the 17 18 19 U.S. Department of Justice Central Intake Facility P.O. Box 70932 Charlotte, NC 28272-0932

20 referencing the debtor's name and CDCS number 2008B30994 on the check for posting 21 purposes. 22 23 Dated: ___________________ April 13, 2009 24 25 26 27 28
NO
ORDER OF CONTINUING GARNISHMENT, cand C01-3525

___________________________________ UNITED STATES MAGISTRATE JUDGE
ISTRIC ES D TC AT T

RT U O

UNIT ED

S

ER

N

F D IS T IC T O R

A

C

LI

FO

erna Judge B

rd Zimm

erman

R NIA

D RDERE S SO O IT I

RT

H