United States of America v. Thomas

Filing 34

ORDER granting Government's 33 Motion to Dismiss the Writ of Continuing Garnishment and dismissing 28 Continuing Writ of Garnishment. Signed by District Judge Richard Voorhees on 5/22/2017. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NO. 5:11-CV-00181-RLV-DCK
UNITED STATES OF AMERICA,
Plaintiff,
v.
MARK S. THOMAS,
Defendant,
and
CHARTER COMMUNICATIONS,
Garnishee.

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ORDER

THIS MATTER IS BEFORE THE COURT on the Government’s Motion for Dismissal
of Writ of Continuing Garnishment as to Garnishee Charter Communications. (Doc. 33). In 2012,
the Government obtained a civil judgment against Defendant Mark S. Thomas for $139,469.84.
(Doc. 9).

In 2013, this Court issued a Writ of Continuing Garnishment as to Charter

Communications. (Doc. 19). In April 2014, this Court issued an order continuing the writ of
garnishment as to Charter Communications. (Doc. 28). As of January 2017, the Government had
received $63,389.72 from Charter Communications through the garnishment order and,
accounting for other payments received by the Government, Defendant’s balance on the judgment
stood at $77,501.33. (Doc. 31). On January 5, 2017, however, the Government received notice
from Charter Communications that Defendant’s employment at Charter Communications was
terminated. Id.; (Doc. 33).

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Having considered the Motion of the Government, the representation by the Government
that Defendant is no longer employed by Charter Communications, and all other relevant matters
of record, and having found good cause shown, IT IS ORDERED THAT:
(1)

The Government’s Motion to Dismiss the Writ of Continuing Garnishment as to
Charter Communications (Doc. 33) is GRANTED;

(2)

The Continuing Writ of Garnishment (Doc. 28) is DISMISSED;

(3)

The Government may apply for a subsequent writ of continuing garnishment with
this Court once Defendant has secured other employment so as to collect the
remaining balance on the civil judgment against Defendant.

Signed: May 22, 2017

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