United States of America v. Gallagher et al

Filing 30

ORDER by U.S. District Judge John C Coughenour granting United States' 26 motion to issue continuing garnishee order. (PM) cc: financial deputy, Defendant and Garnishee via the USPS

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

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Plaintiff,

ORDER

v.

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CASE NO. C16-0884-JCC

ELLEN MARIE GALLAGHER,

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Defendant.

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This matter comes before the Court on the United States’ motion to issue continuing

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garnishee order (Dkt. No. 26). The Garnishee, USAA Federal Savings Bank, does not oppose the

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United States’ motion, but responds that it no longer employs the Defendant/Judgment Debtor

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Ellen Marie Gallagher, as she retired in August 2016. (Dkt. No. 28 at 1.)

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Accordingly, the Court ORDERS the following:

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(1) That the Garnishee, USAA Federal Savings Bank, shall pay to the United States

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District Court for the Western District of Washington, the non-exempt wages payable

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to Defendant/Judgment Debtor Ellen Marie Gallagher, upon each period of time when

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Defendant/Judgment Debtor Gallagher is/was entitled to receive such funds,

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including the amount that USAA garnished from Mrs. Gallagher’s wages in the total

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amount of $1,341.37, and $418.66 from USAA’s own funds to remedy not garnishing

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a full 25 percent of Mrs. Gallagher’s exempt wages for pay periods since May 27,

ORDER
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2016, as set forth in Garnishee USAA Federal Savings Bank’s Form Answer and

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Accounting. (Dkt. Nos. 23 and 24.) Garnishee shall continue said payments, if any,

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until Defendant/Judgment Debtor Gallagher’s debt is paid in full or until

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Defendant/Judgment Debtor is no longer an active employee of Garnishee and the

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Garnishee no longer has possession, custody or control of any funds due and owing to

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the Defendant/Judgment Debtor or until further order of this Court. This includes all

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other monies required to be previously withheld by the Garnishee, in accordance with

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the Writ of Continuing Garnishment;

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(2) That the Garnishee, USAA Federal Savings Bank, shall pay to the United States

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District Court for the Western District of Washington, the entire amount (less federal

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tax withholdings paid to the Internal Revenue Service) of non-exempt property from

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any and all accounts in the Garnishee’s possession, custody, or control, including, but

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not limited to, any profit-sharing contribution for the fiscal year 2016, to Ms.

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Gallagher’s USAA Retirement Savings Plan, set to be made in February 2017, if

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approved by USAA’s Board of Directors, in which the Defendant maintains an

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interest and meets the requirements to withdraw, but such amount shall not exceed the

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amount necessary to pay Ms. Gallagher’s restitution balance in full. Such amounts

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include the $2,894.65 identified on page 3 of Docket Number 23;

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(3) That such payment shall be applied to Defendant/Judgment Debtor Gallagher’s

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outstanding restitution obligation, by the United States District Court for the Western

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District of Washington; and

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ORDER
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(4) That the payment shall be made out to the United States District Court, Western

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District of Washington, referencing Case Nos. 2:96-CR-00577-TSZ-1 and 2:16-CV-

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00884-JCC, and to deliver such payment either personally or by First Class Mail to:

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United States District Court, Western District of Washington

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Attn: Financial Clerk – Lobby Level

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700 Stewart Street

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Seattle, Washington 98101

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DATED this 14th day of February, 2017.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
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