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)

MICHAEL COSENTINO, SEN 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

) 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