Brinskele v. The United States

Filing 36

ORDER Setting SHOW CAUSE Hearing for Garnishee Vir2us, Inc. Hearing set for 4/10/2014 11:00 AM. Signed by Magistrate Judge Donna M. Ryu on 04/03/2014. (dmrlc1, COURT STAFF) (Filed on 4/3/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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EDWARD A. BRINSKELE,

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Plaintiff,

No. C-13-MISC-80094 JSW (DMR)
ORDER SETTING SHOW CAUSE
HEARING

v.

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UNITED STATES OF AMERICA,

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Defendant.
___________________________________/

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On April 30, 2013, the United States registered and filed in this Court a judgment against

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Plaintiff and Judgment Debtor Edward A. Brinskele that was entered by the United States Court of

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Federal Claims in September 2009. [Docket No. 1 (Judgment).] On October 24, 2013, the Clerk

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issued a writ of garnishment to Vir2us, Inc. (“Vir2us”) as Garnishee for the purpose of garnishing

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property in which Brinskele has a substantial interest to satisfy the judgment. [Docket No. 13 (Writ

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of Garnishment).] Vir2us’s answer to the writ was due on November 12, 2013. (Yang-Green Decl,

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Nov. 22, 2013, ¶ 3.) It failed to answer, and the United States moved for an Order to Show Cause

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directed to Vir2us on November 22, 2013, seeking an order requiring Vir2us to appear before the

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court to answer the writ. [Docket No. 16.] The court granted the United States’s motion for an

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Order to Show Cause and set a hearing on January 23, 2014 for Vir2us to appear and show cause

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why it failed to comply with the writ of garnishment and why the court should not enter judgment

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against Vir2us in accordance with 28 U.S.C. § 3205(b)(6). [Docket No. 19.]

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The court held a hearing on January 23, 2014. Vir2us failed to appear through counsel.

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Instead, Brinskele appeared and attempted to challenge service of the writ of garnishment on Vir2us.

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Given Brinskele’s representations that Vir2us was in the process of retaining counsel in connection

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with this matter, the court did not hold the order to show cause hearing and instead ordered Vir2us to

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file a notice of appearance by counsel by January 27, 2014. [Docket No. 22 (Minute Order).] No

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notice of appearance was filed on behalf of Vir2us by the deadline, and on February 12, 2014, the

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United States filed a motion for money judgment and order compelling answer against Vir2us on the

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grounds that Vir2us failed to appear and show good cause why it failed to comply with the writ on

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January 23, 2014.1 [Docket No. 25.] However, as noted, the court did not hold the order to show
cause hearing on that date. Therefore, the court will give Garnishee Vir2us one more

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opportunity to appear before this court and show cause why it failed to comply with the writ of

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garnishment and why the court should not enter judgment against Vir2us. On April 10, 2014

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at 11:00 a.m., at the U.S. District Court, 1301 Clay Street, Oakland, California 94612 (for

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courtroom number and floor information, please check the Court’s on-line calendar at

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http://www.cand.uscourts.gov (click “Calendars - Judges’ Weekly Calendars” link, then select Judge

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Ryu’s calendar)), Garnishee Vir2us shall appear before this court and 1) show cause, if any, why it

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failed to comply with the writ of garnishment issued on October 24, 2013 and why the court should

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not enter judgment against Garnishee Vir2us for the value of Judgment Debtor Edward Brinskele’s

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nonexempt interest in property that was and is within the Garnishee’s custody, control or possession

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as of October 28, 2013, and 2) answer the writ of garnishment.

RT

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H

DONNA M. RYU
ER
United States Magistrate Judge
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F
D IS T IC T O
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u
a M. Ry

onn
Judge D

R NIA

Dated: April 3, 2014

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D
RDERE

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OO
IT IS S

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IT IS SO ORDERED.

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S DISTRICT
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UNIT
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For the Northern District of California

United States District Court

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On February 20, 2014, an attorney filed an “Amended Appearance of Counsel” for “Vir2us
Inc., in place and stead of Edward A. Brinskele.” [Docket No. 28.]

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