United States of America v. Legagneur

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION: The Court adopts the Report and Recommendation in full, grants plaintiff's motion for enforcement of its judgment, and orders the garnishment of defendant's wages as provided in plaintiff's proposed order (ECF #15-4). C/M. Ordered by Judge Raymond J. Dearie on 9/24/2012. (Chee, Alvin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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UNITED STATES OF AMERICA,
Plaintiff,
- against -

ORDER
00 CV 687 (RJD)(VVP)
LOUIS C. LEGAGNEUR,
Defendant,
and
WOODHULL NORTH BROOKLYN
HEALTH NETWORK,
Garnishee.

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DEARIE, District Judge.
In a Report and Recommendation dated August 17, 2012, issued following a hearing held
at defendant's request, Magistrate Judge Viktor V. Pohorelsky recommends that this Court grant
plaintiffs request for an order of garnishment in the amount of 10% of defendant's net earnings,
subject to any showing defendant might make that a garnishment at that rate would pose a severe
hardship for him and any dependents he might have. ECF #13. Defendant has not attempted to
make any such showing, nor has he filed objections to the Report and Recommendation, and the
time within which he might do so has now expired. The Report and Recommendation notes that
Magistrate Judge Pohorelsky explained to defendant the basis for the requested garnishment,
reviewed with him the possible exemptions that could apply, and determined that none did.
Magistrate Pohorelsky further reports that during the hearing defendant offered no objection to
the entry of an order of garnishment. Finally, Magistrate Pohorelsky reports that, in view of
defendant's relatively modest income, plaintiff reduced its requested garnishment amount from

the 15% (of net earnings) initially sought to the 10% that Magistrate Pohorelsky recommends be
ordered. Plaintiff has submitted an appropriately revised proposed garnishee order as part of its
renewed motion to enforce its judgment. ECF #15-4.
Accordingly, the Court adopts the Report and Recommendation in full, grants plaintiffs
motion for enforcement of its judgment, and orders the garnishment of defendant's wages as
provided in plaintiffs proposed order (ECF #15-4).
SO ORDERED.

Dated: Brooklyn, New York
September<?7',2012

/s/ Judge Raymond J. Dearie

RAtij6ND~ARIE
United States

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