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

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 UNITED STATES OF AMERICA, 10 Plaintiff, ORDER v. 11 12 CASE NO. C16-0884-JCC ELLEN MARIE GALLAGHER, 13 Defendant. 14 15 This matter comes before the Court on the United States’ motion to issue continuing 16 garnishee order (Dkt. No. 26). The Garnishee, USAA Federal Savings Bank, does not oppose the 17 United States’ motion, but responds that it no longer employs the Defendant/Judgment Debtor 18 Ellen Marie Gallagher, as she retired in August 2016. (Dkt. No. 28 at 1.) 19 Accordingly, the Court ORDERS the following: 20 (1) That the Garnishee, USAA Federal Savings Bank, shall pay to the United States 21 District Court for the Western District of Washington, the non-exempt wages payable 22 to Defendant/Judgment Debtor Ellen Marie Gallagher, upon each period of time when 23 Defendant/Judgment Debtor Gallagher is/was entitled to receive such funds, 24 including the amount that USAA garnished from Mrs. Gallagher’s wages in the total 25 amount of $1,341.37, and $418.66 from USAA’s own funds to remedy not garnishing 26 a full 25 percent of Mrs. Gallagher’s exempt wages for pay periods since May 27, ORDER PAGE - 1 1 2016, as set forth in Garnishee USAA Federal Savings Bank’s Form Answer and 2 Accounting. (Dkt. Nos. 23 and 24.) Garnishee shall continue said payments, if any, 3 until Defendant/Judgment Debtor Gallagher’s debt is paid in full or until 4 Defendant/Judgment Debtor is no longer an active employee of Garnishee and the 5 Garnishee no longer has possession, custody or control of any funds due and owing to 6 the Defendant/Judgment Debtor or until further order of this Court. This includes all 7 other monies required to be previously withheld by the Garnishee, in accordance with 8 the Writ of Continuing Garnishment; 9 (2) That the Garnishee, USAA Federal Savings Bank, shall pay to the United States 10 District Court for the Western District of Washington, the entire amount (less federal 11 tax withholdings paid to the Internal Revenue Service) of non-exempt property from 12 any and all accounts in the Garnishee’s possession, custody, or control, including, but 13 not limited to, any profit-sharing contribution for the fiscal year 2016, to Ms. 14 Gallagher’s USAA Retirement Savings Plan, set to be made in February 2017, if 15 approved by USAA’s Board of Directors, in which the Defendant maintains an 16 interest and meets the requirements to withdraw, but such amount shall not exceed the 17 amount necessary to pay Ms. Gallagher’s restitution balance in full. Such amounts 18 include the $2,894.65 identified on page 3 of Docket Number 23; 19 (3) That such payment shall be applied to Defendant/Judgment Debtor Gallagher’s 20 outstanding restitution obligation, by the United States District Court for the Western 21 District of Washington; and 22 // 23 // 24 // 25 // 26 // ORDER PAGE - 2 1 (4) That the payment shall be made out to the United States District Court, Western 2 District of Washington, referencing Case Nos. 2:96-CR-00577-TSZ-1 and 2:16-CV- 3 00884-JCC, and to deliver such payment either personally or by First Class Mail to: 4 United States District Court, Western District of Washington 5 Attn: Financial Clerk – Lobby Level 6 700 Stewart Street 7 Seattle, Washington 98101 8 9 DATED this 14th day of February, 2017. 10 11 A 12 13 14 John C. Coughenour UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 ORDER PAGE - 3

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