United States of America v. Grindle

Filing 19

ORDER, CONSENT JUDGMENT.***Civil Case Terminated. Signed by Magistrate Judge Donna M. Ryu on 5/7/2012. (dmrlc2, COURT STAFF) (Filed on 5/7/2012)

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Case4:11-cv-06525-DMR Document18 Filed05/07/12 Page1 of 3 MICHAEL COSENTINO, SBN 83253 ATTORNEY AT LAW P.O. Box 129 Alameda, CA 94501 Telephone: (510) 523-4702 Fax: 510-747-1 640 Attorney for Plaintiff, United States of America IN THE UNITED STATES DISTRICT COURT 1 FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION I UNITED STATES OF AMERICA, Plaintiff, ) NO. CVII-6525 DMR j 1 ) CONSENT JUDGMENT v. Diane Grindle aka Diane L. Grindle aka Diane E. Adams, 1 i ) ) ) l8 19 20 21 22 23 24 25 26 27 28 1 I I defendant having consented to the making and entry of this final judgment without trial, I parties to the Consent Judgment. The Complaint herein states a claim upon which relief 1 I1 1 I I I1 The above entitled plaintiff having filed its complaint herein, and the above entitled hereby agree as follows: 1. This Court has jurisdiction over the subject matter of this litigation and over the I I can be granted. The defendant hereby acknowledges and accepts service of the 1 complaint filed herein. 2. In accordance with the provisions of Title 28 U.S.C. Section 636(c) the parties herebyvoluntarilywaive 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 proceedings in the case, including trial, and order the entry of a final judgment. It is Consent Judgment; CAND Case Number -CVll-6525 DMR U.S. v. Grindle aka &@if% 1 Case4:11-cv-06525-DMR Document18 Filed05/07/12 Page2 of 3 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.The defendant's default entered 04/03/12 shall be set aside and the Judgment I on default entered 04-03-12 shall be VACATED. . ) ) 1 4. Judgment shall be in favor of Plaintiff, United States of America, and against defendant, Diane Grindle aka Diane L. Grindle aka Diane E. Adams, in the sum of $73,959.89 consisting of $47,072.62 in principal, $26,842.27 interest to April 26, 2012, CIF costs of $0.00, court costs of $45.00 and attorney's fees of $0.00, plus interest in the amount of $8.55 per day on principal from April 26, 2012, up to the date of entry of Judgment, less any sums tendered toward satisfaction of the obligation during said time period. 5. 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. § I 961(b) until paid in full. 6. Defendant shall pay $35.00 monthly, subject to a 10 day grace period, commencing June 05,2012, and continuing monthly thereafter, each payment being due on the 5th day of each month, until the account is paid in full. 7. Payments shall be made payable to the US Department of Justice and bear defendant's name and CDCS # 201 1A82041 and mailed to: U. S. Department of Justice Nationwide Central Intake Facility P. 0. Box 790363 St. Louis, MO 63179-0363 8. (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 Consent Judgment; CAND Case Number -CVll-6525 DMR U.S. v. Grindle aka &l@iB2 Case4:11-cv-06525-DMR Document18 Filed05/07/12 Page3 of 3 unpaid; and (c) Plaintiff reserves the right to evaluate the updatedfinancial data and adjust 2 the periodic payment rate accordingly, or to demand a lump sum payment if warranted 3 4 by the judgment debtor's financial circumstances, subject to Court approval. 5 9. An Abstract of Judgment shall be recorded withetheRecorder's Office of the (1 6 County of residence of the judgment debfor; plaintiff may also record or file similar documents elsewhere. I 10. Default under the terms of this consent judgment will entitle the United States 8 ~f America to execute on this judgment without notice to the judgment debtor. 1 1- The judgment debtor has the right of prepayment of this debt without penalty, 10 11 and the interest charged will only be calculated to the date of final payment. 12 1 12. In case of defauIf, all costs incurred in recording, filing, executing, or levying I I 13 on,satisfying, or otherwise servicing this judgment shall be paid by the judgment debtor. 14 13. Upon a change in address of record for the deferldaht, defendant shall report the new address to the court and to counsel for plaintm. l6 w Dated: April 26, 2012 MICHAEL COSENTINO Counsel for plaintiff 17 1 I 1 .? *I I have read the foregoing; I understand .and agree to the terms, and I l8 . .. . . . sign this :agreement.as a free .and voluntary .act. , 20 Dated: 22 Diane E. Adams Defendant arid Judgment Debtor 23 24 7th May 25 APPROVED AND SO ORDERED THIS 26 The Clerk of the Court is DIRECTED to close the file in the action. DAY OF ,2012, 27 28 UNITED STATES MAGISTRATE JUDGE Consent Judgment; CAND Case Number -CV1.f-6525 DM8 U . S . v. Grindle aka k3- 3

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