United States Of America v. Moltini

Filing 3

ORDER granting 2 Proposed Order filed by United States Of America. Signed by Magistrate Judge Jacqueline Scott Corley on 1/3/2012. (ahm, COURT STAFF) (Filed on 1/3/2012)

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MICHAEL COSENTINO, SEN 83253 ATTORNEY AT LAW P.O. Box 129 Alameda, CA 94501 Telephone: (510) 523-4702 Facsimile: (510) 747-1640 Attorney for Plaintiff, United States of America IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) NO. CVll-5815 SLM \ UNITED STATES OF AMERICA, j Plaintiff, ) CONSENT JUDGMENT ) v. Anne M. Moltini aka Anne Molteni aka Anne M. Molteni, ) i Defendant. ) ) The aboveentitled Plaintiff having filed its complaint herein, and theaboveentitled defendant 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 parties to the Consent Judgment. The Complaint herein states a claim upon which relief can be granted. The defendant hereby acknowledges and accepts service of the complaint filed herein. 2. 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 magistrate judge conduct any and all further Consent Judgment; USDC Case Number CV 11-5815 SLN; U.S. v. Molteni - Page 1 proceedings in the case, including trial, and order the entry of a final judgment. It is understood that any appeal from a judgment 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. 3. Judgment shall be in favor of Plaintiff, United States of America and against defendant, Anne M. Moltini aka Anne Molteni aka Anne M. Molteni, in the sum of $65,823.39 consisting of $44,353.01 in principal, $21,470.38 in interest to December 13, 201 1, CIF costs of $0.00, court costs of $0.00 and attorney's fees of $0.00, plus interest at the rate of 8.250% per annum ($10.02 per day) on principal in the amount of $44,353.01 from December 13, 2011, up to the date of entry of the within Consent Judgment, less any sums tendered toward satisfaction of the obligation during said time period. 4. This consent judgment shall bear interest pursuant to the provisions of 28 U.S.C §1961(a) at the legal rate per annum from the date of entry of judgment, which interest will be compounded annually pursuant to the provisions of 28 U.S.C. §1961(b) until paid in full. 5. Judqment debtor is currentlv unable to make pavments: at anv time the judament debtor mav tender to the United States of America, a check pavable to the U.S. Department of Justice mailed to. U. S. Department of Justice Nationwide Central Intake Facility P. 0. Box 790363 St. Louis. MO 63179-0363 until the account is paid in full. (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, if any, 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 Consent Judgment; USDC Case Number CV 11-5815 SLM; U.S. v . Molteni - Page 2 (c) Plaintiff reserves the right to evaluate the updated financial data and adjust the periodic payment rate accordingly, orto demand a lump sum payment if warranted by the judgment debtor's financial circumstances, subject to Court approval. 6. 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 similar documents elsewhere. 7. Default under the terms of this consent judgment will entitle the United States of America to execute on this judgment without notice to the judgment debtor. 8. 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. 9. 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. Dated: December 13,201 1 By: MICHAEL COSENTINO Attorney for Plaintiff, United States of America I have read the foregoing and I understand and agree to the terms, and I sign this agreement as a free and voluntary act. aka Anne M. Molteni Defendant and Judgment Debtor APPROVED AND SO ORDERED THIS 3rd DAY OF January 2012 ,2011, The Clerk of the Court is DIRECTED to close the file in this action. Dated: 1/3/2012 UNITED STATES MAGISTRATE JUDGE Jacqueline Scott Corley Consent Judgment; USDC Case Nuntber -CV 11-5815 SLM; U.S. v. Molteni Page 3

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