USA v. Clark

Filing 13

Order by Magistrate Judge Donna M. Ryu granting 10 Stipulation.(dmrlc2, COURT STAFF) (Filed on 9/8/2015)

Case4:15-cv-03509-DMR Document10 Filed08/27/15 Page1 of 13

1 MELINDA HAAG (CABN 132612)
United States Attorney
2 ALEX G. TSE (CABN 152348)
Chief, Civil Division
3
JULIE C. REAGIN (SBN 167934)
4 Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
5
San Francisco, California 94102-3495
Telephone: [phone]
6
FAX: [phone]
Email: [e-mail]
7
8 Attorneys for Plaintiff
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12

Case No. 3:15-CV-03509

UNITED STATES OF AMERICA,

13
Plaintiff,

14
15

STIPULATION FOR ENTRY OF CONSENT
JUDGMENT

v.

16 MARCHE DWAN CLARK,
17

Defendant

18
19

Plaintiff, United States of America (“United States”), by and through its attorneys, and defendant

20 Marche Dwan Clark (“Clark”), appearing in proper, stipulate and agree as follows:
21
22

RECITALS
A.

The United States filed a Complaint in this action, seeking to recover a debt of

23 approximately $23,600.10 owing from Clark to the Social Security Administration (“SSA”) for
24 overpayment of Social Security disability benefits.
25

B.

Clark has not yet answered the Complaint; and

26

C.

The parties are desirous of resolving their dispute under the terms outlined below.

27
28 STIP. FOR ENTRY OF CONSENT JUDGMENT
ORDER APPROVING STIPULATION
CASE No. 3:15-CV-03509

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Case4:15-cv-03509-DMR Document10 Filed08/27/15 Page2 of 13

STIPULATION

1
2

1.

3

The parties to this Stipulation for Entry of Consent Judgment are the United States and Clark.

4

2.

5

Clark acknowledges receipt of the Complaint, a copy of which is attached as Exhibit A.

6

3.

7

The court has personal jurisdiction over Clark. This court has jurisdiction over the subject matter

Parties

Acknowledgment of Service of Complaint

Jurisdiction

8 of this action pursuant to 28 U.S.C. § 1345.
9

4.

Claim for Relief

10

The complaint states a claim for relief upon which relief may be granted.

11

5.

12

Venue is proper in this District pursuant to 28 U.S.C. § 1391.

13

6.

14

The parties agree that this Stipulation for Entry of Consent Judgment constitutes a compromise

Venue

Compromise

15 and settlement of the contentions of the United States asserted in the complaint.
16

7.

17

Judgment shall be entered against Clark in the amount of $23,600.10.

18

8.

Periodic Payments

19

A.

To resolve this matter, the United States has agreed to accept monthly payments of

Judgment Amount

20 $400.00 from Clark, who has agreed to make those payments using the electronic system PAY.GOV. A
21 summary of the terms of PAY.GOV is attached as Exhibit B. Clark will make his first monthly payment
22 no later than September 1, 2015, and each subsequent payment on the first day of each succeeding
23 month. If the first day of the month is a holiday or weekend, the payment shall be made on the next
24 regular or business day. Clark shall make this monthly payment (or any adjusted monthly payment)
25 until the balance due under the Consent Judgment has been paid in full.
26

B.

Either the United States or Clark may make a request of the other party to increase or

27 reduce the monthly payment provided by this paragraph, should Clark’s financial circumstances change.
28 STIP. FOR ENTRY OF CONSENT JUDGMENT
ORDER APPROVING STIPULATION
CASE No. 3:15-CV-03509

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Case4:15-cv-03509-DMR Document10 Filed08/27/15 Page3 of 13

1 Clark agrees to supply a financial statement and tax returns to the United States Attorney’s Office at its
2 request. This United States Attorney’s Office will confirm any change to the monthly payment in
3 writing to Clark.
4

9.

Abstract of Judgment (Lien)

5

Upon entry of the Consent Judgment, the United States may record an abstract of judgment

6 against Clark in any county. The abstract of judgment shall be released by the United States upon
7 payment of the amount due under the Consent Judgment.
8

10.

Stay of Execution

9

The United States shall stay execution on the Consent Judgment for so long as Clark is not in

10 default of the terms of the payments required under Paragraph 8.
11

11.

Default

12

A.

Default under this Consent Judgment shall be defined as the failure to make any monthly

13 payment required by the terms of Paragraph 8, when due or in the required amount.
14

B.

In the event Clark defaults under this Stipulation for Entry of Consent Judgment, the

15 entire unpaid balance of the Consent Judgment shall be immediately due and payable. The United
16 States shall have the right to immediately enforce the Consent Judgment by, among other things,
17 executing or garnishing Clark’s property, without further notice. In the event of default, Clark will pay
18 any costs associated with the enforcement of the Consent Judgment, including the cost of recording any
19 liens at the County Recorder’s office, and attorney’s fees.
20

12.

Retention of Jurisdiction

21 The Court shall retain jurisdiction over this action in order to enforce this Stipulation for Entry of
22 Consent Judgment.
23

13.

Notices

24

All notices to Clark shall be sent to:
Marche Dwan Clark
4800 3rd Street
Unit 203
San Francisco, CA 94124

25
26
27

28 STIP. FOR ENTRY OF CONSENT JUDGMENT
ORDER APPROVING STIPULATION
CASE No. 3:15-CV-03509

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Case4:15-cv-03509-DMR Document10 Filed08/27/15 Page4 of 13

1

14.

Costs and Fees

2

The parties shall bear their own costs, fees and expenses incurred regarding this action and

3 regarding the negotiation, drafting and execution of this Stipulation for Entry of Consent Judgment.
4

15.

Release

5

Clark accepts the terms of this Stipulation for Entry of Consent Judgment as full settlement and

6 satisfaction of the above-captioned lawsuit and releases and forever discharges the United States and any
7 and all past and present agencies, officials, employees, agents, attorneys, their successors and assigns,
8 from any and all obligations, damages, liabilities, actions, causes of action, claims and demands, of any
9 kind and nature whatsoever, whether suspected or unsuspected, at law, in equity, known or unknown,
10 arising out of this matter.
11

16.

12

The provisions of California Civil Code § 1542 are set forth below:

13
14
15
16

California Civil Code § 1542 Waiver

A general release does not extend to claims which the creditor does not know
or suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
debtor.
Clark, having been apprised of the statutory language of Civil Code Section 1542,

17 and fully understanding the same, nevertheless elects to waive the benefits of any and all
18 rights Clark may have pursuant to the provision of that statute and any similar provision of
19
20

federal law. Clark understands that, if the facts are later found to be other than or different
from the facts now believed to be true, the Stipulation for Entry of Consent Judgment shall

21
22
23
24

be and remain effective notwithstanding such material difference.
17.

Complete Agreement & Merger

Each party acknowledges that, except as herein expressly set forth, no

25 representations of any kind or character have been made by the other party or that party’s
26 agents, representatives, or attorneys to induce execution of this Stipulation for Entry of
27

Consent Judgment or delivery of the documents or payments required by this Stipulation for

28 STIP. FOR ENTRY OF CONSENT JUDGMENT
ORDER APPROVING STIPULATION
CASE No. 3:15-CV-03509

4

Case4:15-cv-03509-DMR Document10 Filed08/27/15 Page5 of 13

1 Entry of Consent Judgment. This Stipulation for Entry of Consent Judgment represents the
2 full and complete agreement by and between the parties regarding the subject matter of this
3
4

Stipulation for Entry of Consent Judgment. This Stipulation for Entry of Consent Judgment
shall not be modified or amended except in a writing signed by the person or entity against

5
6
7

whom enforcement is sought.
18.

No Binding Effect on Other Obligations to United States or Its Agencies or

8 Departments.
9

Nothing in this Stipulation for Entry of Consent Judgment is intended to affect or

10 bind, nor shall it affect or bind, the United States Internal Revenue Service with respect to
11

any liability that Clark has or may have with respect to claims arising under the Internal

12
Revenue Service Code, Title 26 of the United States Code, or any other United States
13
14

Government agencies or departments.

15

19.

Waiver of Trial and Appeal

16

The parties consent to the entry of the foregoing Stipulation for Entry of Consent

17 Judgment, and defendant Clark hereby waives his right to a trial of this action and waives all
18 rights to appeal this action or the Stipulation for Entry of Consent Judgment.
19
20
21
22
23
24
25
26
27
28 STIP. FOR ENTRY OF CONSENT JUDGMENT
ORDER APPROVING STIPULATION
CASE No. 3:15-CV-03509

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Case4:15-cv-03509-DMR Document10 Filed08/27/15 Page6 of 13

1

SO STIPULATED:

2

I/we have read the foregoing, I/we understand the tenns, and I/we sign this

3

Stipulation for Entry of Consent Judgment as a free and voluntary act.

~-~

4

£/
MARCHE DWAN CLARK

6

Defendant

7

8
MELINDA HAAG

9

uruted stateVomey

10

11

Dated:

By:
J

IN C. REAGIN Q

As~nt United States Attorney

12

For the United States of America
13
14

15
16

ORDER APPROVING STIPULATION FOR ENTRY OF CONSENT JUDGMENT

21

I

UNITED STATES DISTRICT JUDGE

onn
Judge D
ER

H

24

25
26
27
STTP. FOR ENTRY OF CONSENT JUDGMENT
ORDER APPROVING STIPULATION
CASE No. 3:15-CV-03509

6

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23

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22

28

ERED

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September 8, 2015

Dated: _ _ _ __

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20

IT IS SO ORDERED.

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19

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18

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17

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Case4:15-cv-03509-DMR Document10 Filed08/27/15 Page7 of 13

EXHIBIT “A”

Case4:15-cv-03509-DMR Document1 Filed07/30/15 Page1 of 5 13
Case3:15-cv-03509
Document10 Filed08/27/15 Page8 of

1 MELINDA HAAG (CABN 132612)
United States Attorney
2 ALEX G. TSE (CABN 152348)
Chief, Civil Division
3
JULIE C. REAGIN (SBN 167934)
4 Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
5
San Francisco, California 94102-3495
Telephone: [phone]
6
FAX: [phone]
Email: [e-mail]
7
8 Attorneys for Plaintiff
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12

Case No. 3:15-cv-3509

UNITED STATES OF AMERICA,

13
Plaintiff,

14
15

COMPLAINT FOR COLLECTION OF
DEBT

v.

DEBT COLLECTION CASE [L.R. 16-6]
16 MARCHE DWAN CLARK,
17

Defendant

18
19

The Plaintiff, United States of America, alleges as follows:

20

1.

This is an action to recover the balance totaling $23,600.10 on an overpayment of

21 disability insurance benefits paid to the defendant, Marche Dwan Clark (“Defendant”), by the plaintiff,
22 the United States of America, Social Security Administration ( “SSA”) pursuant to 42 U.S.C. § 423,
23 which has not been repaid.
Jurisdiction

24
2.

25

This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §

26 1345.
Venue

27
28

3.

The Defendant, Marche Dwan Clark, is a resident in San Francisco County, California,

COMPLAINT
CASE No. 3:15-cv-3509

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Case4:15-cv-03509-DMR Document1 Filed07/30/15 Page2 of 5 13
Case3:15-cv-03509
Document10 Filed08/27/15 Page9 of

1 which is within the jurisdiction of the Court.
The Debt

2
3

4.

On January 4, 2010, SSA notified Defendant that based upon months he worked between

4 July 2004 and April 2008, it had determined he was eligible for disability benefits, but that Defendant
5 was required to report any changes to SSA that might affect his eligibility, including a change in
6 employment or salary.
7

5.

Without advising SSA, Defendant had returned to substantial gainful work activity in

8 2008, which rendered him ineligible and resulted in overpayment of Social Security disability insurance
9 benefits from August 2008 to January 2011 totaling $29,640.10.
10

6.

On February 22, 2011, SSA sent an Explanation of Overpayment Notice to Defendant

11 that explained the basis for the overpayment determination as well as a right to appeal or request a
12 waiver. Defendant neither responded nor requested an appeal or waiver.
13

7.

On May 1, 2011, SSA sent a Notice of Disability Cessation to defendant. Defendant did

14 not contact SSA or request an appeal.
15

8.

Between April 2011 and March 2012 SSA sent Defendant several payment demands.

16 Defendant did not respond.
17

9.

On March 11, 2012, SSA sent a Final Notice of Overpayment to Defendant in which

18 SSA advised him that if he failed to contact SSA or repay the overpayment amount by April 5, 2012 , it
19 would consider referring his case to the Department of Justice. Defendant did not respond.
20

10.

On April 18, 2012, SSA notified Defendant that it had received Federal payment owed to

21 him, applied it to his overpayment, and reduced his debt balance to $23,600.10.
22

11.

On December 21, 2012, SSA sent Defendant a Form 632 to complete to request an

23 appeal. Defendant did not respond.
24

12.

On February 28, 2013, the U.S. Department of Justice (“DOJ”) sent a letter to Defendant

25 advising him that SSA referred his case to the United States Attorney’s Office to initiate legal action
26 against him and advised Defendant to pay the debt in full in order to avoid further legal action.
27 Defendant did not respond.
28
COMPLAINT
CASE No. 3:15-cv-3509

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Case3:15-cv-03509 Document10 Filed08/27/15 Page10

Failure to Pay

1
2

13.

As of February 4, 2013, Defendant owes Plaintiff a total of $23,600.10. See Certificate

3 of Indebtedness attached hereto as “Exhibit A” and made a part hereof.
4

14.

The principal balance on the Certificate of Indebtedness is correct as of the date of the

5 Certificate of Indebtedness.
6

15.

Although payment has been demanded, payment has not been made by Defendant and the

7 entire balance has become due and payable.
Prayer

8
9
10

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
1.

For the sum of $23,600.10, plus prejudgment interest through the date of judgment, all

11 administrative costs allowed by law, and post-judgment interest;
12

2.

For court costs and an amount equal to the filing fee as allowed pursuant to 28 U.S.C. §

13 2412(a)(2); and,
14

3.

For such other and further relief as the Court deems just and proper.

15
16 Dated: 7/30/15

Respectfully submitted,

17

MELINDA HAAG
United States Attorney

18
19
By:

20
21

/s/ Julie C. Reagin
JULIE C. REAGIN
Assistant United States Attorney

22
23
24
25
26
27
28
COMPLAINT
CASE No. 3:15-cv-3509

3

Case4:15-cv-03509-DMR Document10 Filed08/27/15 Page11 of 13

EXHIBIT “B”

Case4:15-cv-03509-DMR Document10 Filed08/27/15 Page12 of 13

CMYK
Nationwide Central Intake Facility
Washington, DC 120530
U.S. Department of Justice, JMD/DCM
Nationwide Central Intake Facility
Washington, DC 20530

U.S. Department of Justice, JMD/DCM

MAKE YOUR
MAKE YOUR
PAYMENTS
PAYMENTS

If you have any questions
If you have any questions
about accessing the Pay.gov,
about accessing DOJ
NCIF form on Pay.gov,
please, contact your
please, contact your
collection office. collection
office, or contact the NCIF
Helpdesk at
[e-mail]., or
301-585-2391.

Pay.gov is a secure Government
website that allows you to submit
payments for your debt(s)
electronically. Pay.gov is managed
by the Department of Treasury,
Financial Management Service.

If you have any questions
about accessing Pay.gov,
please contact your
collection office.

MAKE YOUR
PAYMENTS
ON-LINE
AT

BENEFITS
No more paper. No mail delay.
You can submit your payments
on-line.
You can make a payment
anytime and anywhere with
Internet access.
You can pay via credit card or via
a debit transaction from your
bank account.
You can schedule recurring
payments through your bank
account so your payments will
always be on time.

FINANCIAL MANAGEMENT SERVICES
United States Department of the Treasury

U.S. Department of Justice, JMD/DCM
Nationwide Central Intake Facility
Washington, DC 20530

Job: 300581_paygov

ON-LINE
ON-LINE
AT
AT

WHAT IS
PAY.gov?

Case4:15-cv-03509-DMR Document10 Filed08/27/15 Page13 of 13

CMYK
Nationwide Central Intake Facility
Washington, DC 120530
U.S. Department of Justice, JMD/DCM
Nationwide Central Intake Facility
Washington, DC 20530

U.S. Department of Justice, JMD/DCM

MAKE YOUR
MAKE YOUR
PAYMENTS
PAYMENTS

If you have any questions
If you have any questions
about accessing the Pay.gov,
about accessing DOJ
NCIF form on Pay.gov,
please, contact your
please, contact your
collection office. collection
office, or contact the NCIF
Helpdesk at
[e-mail]., or
301-585-2391.

HOW DO I PAY
ON-LINE?

HOW TO SET UP

The Pay.gov site is available 24
hours a day, 7 days a week
(holidays included) for users to
submit payments.

Step 1: Obtain your DOJ CDCS case

number from your statement or
contact your collection office.

lf you would like to set up recurring
payments through Pay.gov, please do
the following:

Step 2: Log on to the Internet and

Job: 300581_paygov

ON-LINE
ON-LINE
AT
AT

HOW DOES
PAY.gov WORK?

Step 1: Go to https://www.pay.gov.

Pay.gov provides real-time
authorization for all credit card
payments. However, payments will
generally be processed the next
business day.
Debit Transactions
Debit payments are processed the
next business day as long as the
transaction is entered before 8:00
p.m. Eastern Standard Time.
Transactions entered after 8:00 p.m.
Eastern Standard Time may take two
business days to process.
Debit processing follows the Federal
Reserve holiday schedule. You can
find the holiday schedule at:
http://clevelandfed.org/banking/
utilities.banking_holidays.cfm

type https://www.pay.gov into your
browser's location bar, and hit
“enter” to access the Pay.gov web
page.
Step 3: Go to the SEARCH box at the
top of the page and enter:

DOJ DAOG/CDCS
Press “enter” or click “Search”.
Step 4: Click "Continue to the Form"
on the next two pages as they appear.
Step 5: Use your DOJ CDCS case

number and payment information
to complete the form. Click submit
and then the web-site will walk
you through all the screens to
finalize your submission.
NOTE: To schedule recurring
payments you must first register
and create a Username and
Password.

Step 2: At the top right of the page you
should see: Log in/Register.
Step 3: Click on the "Register" link and
complete the self-enrollment process.
Step 4: Once you are registered, the
login page opens. Log into Pay.gov.
NOTE: For further instructions, select
'ONLINE HELP' from the blue bar at
the top of the page, then click on
'Register with Pay.gov'.
Step 5: On the left side of the menu
select "Payments", then "Automatic
Payments", then "Schedule Automatic
Payment".
Step 6: Enter the required information
to complete the transaction.

CMYK

Credit Card Payments

Recurring Payments