United States Of America v. Flowers

Filing 12

STIPULATION AND ORDER OF CONTINUING GARNISHMENT. Signed by Magistrate Judge Laurel Beeler on 2/19/2013. (ls, COURT STAFF) (Filed on 2/19/2013)

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JllCHAEL COSENTINO, State Bar No. 83253 4ttorney at Law '.O. Box 129 jlameda, CA 94501 relephone: (510) 523-4702 =acsimile: (510) 747-1640 4ttorney for Plaintiff Jnited States of America IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA NO. CV 12-4490 SLM UNITED STATES OF AMERICA. Plaintiff, v. STIPULATED ORDER OF CONTINUING GARNISHMENT Fontel M. Flowers aka Fontel Flowers, Defendant, and Whole Foods Market CA Inc, Garnishee. I IT IS HEREBY STIPULATED by and between Judgment Creditor, United States of bnerica, and Judgment Debtor, Fontel M. Flowers aka Fontel Flowers, that garnishee, Whole :oods Market CA Inc, withhold $75.00 each month from Judgment Debtor's non-exempt lisposable income, commencing with the February,2013, pay period, until the entire judgment ithe amount of $5,278.03 entered November 05, 2012, plus interest compounded annually lursuant to 11 USC ยง1961(b) at the rate of 0.180 % per annum, for total interest through and icluding February 01, 2013, in the amount of $1.76, for a total due as of February 01,2013, I the amount of $5,279.79, has been paid in full or until the garnishee no longer has custody, TIPUIATED GARNISHMENT ORDER, US v. Flowers. CAND # CV 12-4490 SLM 1 1 possession or control of any property belonging to the debtor or until further Order of thi: 2 court. 3 IT IS HEREBY FURTHER STIPULATED that Emeritus Corporation, Garnishee 4 1 immediately remit to the United States Department of Justice the above mentioned paymentl as and for the month of February 2013, and as and for each month thereafter. 5 6 IT IS HEREBY FURTHER STIPULATED that said payments be made payable to thf 7 U.S. Department of Justice, and be mailed to the Department of Justice-NCIF, P.O. Bo: 8 790363, St. Louis, MO63179-0363, referencingthe judgment debtor's name and CDCS Claim number 2012A28470 on each check for posting purposes. 9 IT IS HEREBY FURTHER STIPULATED that judgment debtor, upon request by mai 0 I1 1I 1 from judgment creditor to judgment debtor, shall submit a financial statement to judgmen 2 creditor annually, the form of which shall be mailed to judgment debtor by judgment creditor 3 4 1 IT IS HEREBY FURTHER STIPULATED that in accordance with the provisions of Titlc 28 U.S.C. Section 636(c) the parties hereby voluntarily waive their rights to proceed before E judge of the United States District Court and consent to have a United States magistratejudge 5 6 7 8 9 I I Y 1 I conduct any and all further proceedings in the case. It is understood that any appeal from ar order entered by a magistrate judge will be taken directly to the Ninth Circuit of the Unitec States Court of Appeals in the same manner as an appeal from any other judgment of 2 District Court. By his signature hereafter, Fontel M. Flowers aka Fontel Flowers acknowledges thai he read, understands and waives all of his rights under the CLERK'S NOTICE OF POSTJUDGMENT GARNISHMENT AND INSTRUCTIONS TO DEFENDANT; REQUEST FOR HEARING FORM; OBJECTION TO GARNISHEE'S ANSWER AND REQUEST FOR HEARING FORM; NOTICE ON HOW TO CLAIM EXEMPTION; CLAIM FOR EXEMPTION FORM and the WRlT OF CONTINUING GARNISHMENT and the APPLICATION FOR WRlT OF CONTINUING GARNISHMENT in exchange for the herein STIPULATED GARNISHMENT ORDER, US v. Flowers. CAND # CV 12-4490 SLM 2 Dated: February 04. 2013 Dated: February 04, 2013 Michael Cosentino. Counsel for United States Fontel M. Flohers aka Fontel Flowers IT IS SO ORDERED. Dated: February 19, 2013 UNITED STATES MAGISTRATE JUDGE

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