United States Of America v. Loya

Filing 22

STIPULATION AND ORDER CONTINUING GARNISHMENT. Signed by Judge Elizabeth D. Laporte on 1/6/14. (lrc, COURT STAFF) (Filed on 1/8/2014)

Case3:11-cv-01123-EDL Document20 Filed12/27/13 Page1 of 3

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

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
UNITED STATES OF AMERICA,

NO. CV11-01123 SLM

Plaintiff,
v.

STIPULATED ORDER OF
CON'rINUING GARNISHMENT

NORBERTO J. LOYA aka
NORBERTO LOYA,
Defendant,
and

BANNER HEALTH SYSTEMS,
Garnishee.

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

(America, and Judgment Debtor, NORBERTO J. LOYA aka NORBERTO LOYA, that

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garnishee, BANNER HEALTH SYSTEMS, withhold $388.00 monthly from Judgment Debtor's
non-exempt disposable income, commencing with the immediate pay period, until the entire

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current judgment balance in theamount of $13,845.61 as of December 11,2013, plus interest,
has been paid in full or until the garnishee no longer has custody, possession or control of any
property belonging to the debtor or until further Order of this court.

IT IS HEREBY FURTHER STIPULATED that BANNER HEALTH SYSTEMS,

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Garnishee, immediately remittothe United States Department of Justicetheabove mentioned

.

STIPULATED GARNISHMENT ORDER, US v. LOYA CAND # CV 11-01123 SLM

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Case3:11-cv-01123-EDL Document20 Filed12/27/13 Page2 of 3

payment, and as and for each month thereafter.
IT IS HEREBY FURTHER STIPULATED that said payments be made payable to the
U.S. Department of Justice, and be mailed to the Department of Justice-NCIF, P.O. Bo)
790363, St. Louis, MO 63179-0363, referencing the judgment debtor's name and CDCS Clairr
number 2010A87732 on each check for posting purposes.
IT IS HEREBY FURTHER STIPULATED that judgment debtor, upon request by mai
from judgment creditor to judgment debtor, shall submit a financial statement to judgmeni
creditor annually, the form of which shall be mailed to judgment debtor by judgment creditor
IT IS HEREBY FURTHER STIPULATED that in accordance with the provisions of Title
28 U.S.C. Section 636(c) the parties hereby voluntarily waive their rights to proceed before a

judge of the United States District Court and consent to have a United States magistratejudge
conduct any and all further proceedings in the case. It is understood that any appeal from an
order entered by a magistrate judge will be taken directly to the Ninth Circuit of the United
States Court of Appeals in the same manner as an appeal from any other judgment of a
District Court.
By hislher signature hereafter,

NORBERTO J. LOYA aka NORBERTO LOYA

acknowledges that helshe has read, understands and waives all of hislher rights under the
CLERK'S NOTICE OF POST-JUDGMENT GARNISHMENT AND INSTRUCTIONS TO
DEFENDANT; REQUEST FORHEARING FORM; OBJECTIONTO GARNISHEE'SANSWER
AND REQUEST FOR HEARING FORM; NOTICE ON HOW TO CLAIM EXEMPTION; CLAIM
FOR EXEMPTION FORM and the WRlT OF CONTINUING GARNISHMENT and the
4PPLICATION FOR WRlT OF CONTINUING GARNISHMENT and the GARNISHEE'S
ANSWER and GARNISHEE'S ANSWER in exchange for the herein
VI
VI
VI
VI
YI

jTlPULATED GARNISHMENT ORDER, US v. LOYA , CAND # CV 11-01123 SLM

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27 2013

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Dated: December 12,2013

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1/6/14

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STIPULATED GARNISHMENT ORDER, US v.