United States Of America v. Scovill

Filing 3

ORDER DISMISSING CASE. Signed by Judge Maria-Elena James on 7/29/2011. (cdnS, COURT STAFF) (Filed on 7/29/2011)

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MICHAEL COSENTINO, SBN 83253 ATTORNEY AT LAW P.O. Box 129 Alameda, CA 94501 Telephone: (510) 523-4702 Fax: 510-747-1640 Attorney for Plaintiff, United States of America IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANClSCO DlVlSlON UNITED STATES OF AMERICA Plaintiff, 1 NO. CV11-3221 SLM ) 1 1 CONSENT JUDGMENT ~efend_ant.j The above entitled plaintiff having filed its complaint herein, and the above entitled jefendant having consented to the making and entry of this final judgment without trial, hereby agree as follows: 1. This Court has jurisdiction over the subject matter of this litigation and over the 3arties to the Consent Judgment. The Complaint herein states a claim upon which relief :an be granted. The defendant hereby acknowledges and accepts service of the :omplaint filed herein. 2. In accordance with the provisions of Title 28 U.S.C. Section 636(c) the parties iereby voluntarily waive their rights to proceed before a judge of the United States District 2ourt and consent to have a United States Magistrate Judge conduct any and all further lroceedings in the case, including trial, and order the entry of a final judgment. It is 'onscit J u d g n r e n t : CAND C a s e Number _CVll-3221 SLM U.S. v . S C O V ~ L L Page 1 understood that any appeal from a judgment entered by a Magistrate Judge will be taker 5 directly to the Ninth Circuit of the United States Court of Appeals in the same manner a an appeal from any other judgment of a District Court.. 3. Judgment shall be in favor of plaintiff, United States of America, and agains defendant, MICHAEL SCOVlLL aka MICHAEL J. SCOVlLL aka MIKE M. SCOFIELD, ir the sum of $20,136.05, consisting of $9,546.76 in principal, $10,589.29 interest to Jul) 5, 201 1, court costs of $0.00 and attorney's fees of $0.00, plus interest in the amount o $1.63 per day on principal from July 5, 2011, up to the date of entry of Judgment, lesr any sums tendered toward satisfaction of the obligation during said time period. 4. Defendant shall pay $175.00 monthly, subject to a 10 day grace period commencing July 15, 201 1, and continuing monthly thereafter, each payment being duc on the 15th day of each month until the judgment is paid in ful 5. Default under the terms of this consent judgment will entitle the United State: of America to execute on this judgment without further notice to the judgment debtor. 6. All payments made by defendant shall bear the defendant's name and CDCS # 2011A34390 and be made payable to the United States Department of Justice anc mailed to: U. S. Department of Justice Nationwide Central Intake Facility P. 0. Box 790363 St. Louis. MO 63179-0363 7. (a) Each said payment shall be applied first to the payment of interest accrued to the date of receipt of said payment, and the balance, ifany, to the principal; (b) The judgment debtor shall submit financial data to the plaintiff as specified by plaintiff on the anniversary date of this judgment for each year this judgment remains unpaid; and (c) Plaintiff reserves the right to evaluate the updated financial data and adjust the periodic payment rate accordingly, or to demand a lump sum payment if warranted by the judgment debtor's financial circumstances, subject to Court approval. I C o n s e n t Judgme?t: CAND Cdse Number CVll-3221 SLM r 1 . S . . v . SCOVlLL Page 2 I 8. An Abstract of Judgment shall be recorded with the Recorder's Office of the County of residence of the judgment debtor; plaintiff may also record or file similal I documents elsewhere. I I I 9. The judgment debtor has the right of prepayment of this debt without penalty and the interest charged will only be calculated to the date of final payment. I 10. Upon a change in address of record for the defendant, defendant shall repor I I his new address to the court and to counsel for plaintiff. I 11. In case of default, all costs incurred in recording, filing, executing, or levying on, satisfying, or otherwise servicing this judgment shall be paid by the judgment debtor 9 43=%--- 1 Dated: July 5, 2011 m H A E L COSENTINC) Counsel for plaintiff 1 2 3 I I have read the foregoing. I understand and agree to the terms, and I a sign this agreement as a free and voluntary act. 1 ~ated: > 3 &el 20 1 1 SCOVlLL aka *d a Defendant-n 1 1 July 29 3 APPROVED AND SO ORDERED THIS 1 The Clerk of the Court is DIRECTED to close the file in the action. DAY OF ,2011, . UNITED STATES MAGISTRATE JUDGE Consent Judgment; CAKD Case Number -cvli-3221 SLM U.S. v. SCOVILL Page 3

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