United States of America v. Gurr et al

Filing 8

ORDER SUSTAINING UNITED STATES OBJECTION to Noll/NorWesCo's Answer to Writ of Garnishment and Requiring Noll/NorWesCo to File a Proper Answer and Withhold Property by Judge Robert S. Lasnik.(CDA) Modified on 5/19/2017 cc Garnishee via U.S. Mail(CDA).

Judge Robert S. Lasnik

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10

UNITED STATES OF AMERICA,

11
12

Plaintiff,
v.

13
14
15

BERNARD GURR,
Defendant/Judgment Debtor,

16
17
18
19

and

Case No. 2:16-mc-00179-RSL
(2:08-cr-00411-1)
Order Sustaining United States’
Objection to Noll/NorWesCo’s
Answer to Writ of Garnishment
and Requiring Noll/NorWesCo to
File a Proper Answer and
Withhold Property

NOLL/NORWESCO, LLC,
Garnishee.

20
21

This matter came before the Court on the United States’ April 27, 2017,

22

“Objection to Noll/NorWesCo’s Answer to Writ of Garnishment and Petition for

23

Order Requiring Noll/NorWesCo to File a Proper Answer and Withhold

24
25

Property.” The Court has considered the United States’ Motion and any

26

memorandum and evidence Garnishee Noll/NorWesCo, LLC (NorWesCo) has

27

filed in opposition. For the reasons stated in the United States’ Motion, the

28

ORDER SUSTAINING UNITED STATES’ OBJECTION TO
NOLL/NORWESCO’S ANSWER TO WRIT OF GARNISHMENT AND REQUIRING
NOLL/NORWESCO TO FILE A PROPER ANSWER AND WITHHOLD PROPERTY
(U.S. v. BERNARD GURR & NOLL/NORWESCO, LLC),
Nos. 2:16-cv-00179-RSL; 2:08-cr-00411-1 ) – 1

UNITED STATES ATTORNEY
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
[phone]

1

Court finds that (1) NorWesCo’s Answer [dkt. no. 6] to the Writ of Garnishment

2

does not provide required information regarding the property of

3

Defendant/Judgment Debtor Bernard Gurr (Mr. Gurr), and (2) NorWesCo has

4
5
6

not withheld the required 25 percent of Mr. Gurr’s disposable earnings since it
was served with the Writ of Garnishment on December 10, 2016.

7

Accordingly, the Court orders as follows:

8

(1) Within 10 days of the entry of this Order, NorWesCo shall file a

9

proper Answer to the Writ of Garnishment, using the “Form Answer” that was

10
11

served upon NorWesCo along with the Writ of Garnishment, and reporting all

12

property in its possession, custody, or control in which Mr. Gurr has a

13

substantial nonexempt interest;

14
15

(2) NorWesCo shall immediately begin withholding 25 percent of Mr.
Gurr’s disposable earnings, pursuant to the Writ of Garnishment; and

16
17

(3) Within 30 days of the entry of this Order, NorWesCo shall remedy its

18

failure to withhold 25 percent of Mr. Gurr’s disposable earnings after being

19

served with the Writ of Garnishment on December 10, 2016, as follows:

20
21
22
23

(a) NorWesCo shall file an accounting with the Court showing for
the period from December 10, 2016 through the present, the amounts of
Mr. Gurr’s gross and disposable earnings, the amounts it has withheld

24

from Mr. Gurr’s earnings pursuant to the Writ of Garnishment, and the

25

amounts it has paid from its own funds to remedy its failure to withhold

26

25 percent of Mr. Gurr’s disposable earnings; and

27
28

ORDER SUSTAINING UNITED STATES’ OBJECTION TO
NOLL/NORWESCO’S ANSWER TO WRIT OF GARNISHMENT AND REQUIRING
NOLL/NORWESCO TO FILE A PROPER ANSWER AND WITHHOLD PROPERTY
(U.S. v. BERNARD GURR & NOLL/NORWESCO, LLC),
Nos. 2:16-cv-00179-RSL; 2:08-cr-00411-1 ) – 2

UNITED STATES ATTORNEY
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
[phone]

1
2
3

(b) NorWesCo shall pay from its own funds, not by garnishing
additional amounts from Mr. Gurr, the amount by which its
withholdings pursuant to the Writ of Garnishment fall short of 25

4
5

percent of Mr. Gurr’s disposable earnings. See 28 U.S.C. § 3205(c)(6).

6

NorWesCo shall add such amounts to its withholdings pursuant to the

7

Writ of Garnishment and shall hold these funds until the Court enters a

8

Continuing Garnishee Order directing payment to the Court.

9

IT IS SO ORDERED.

10
11

Dated this 19th day of May, 2017.

12
13

A
Hon. Robert S. Lasnik

14

U.S. District Court Judge

15
16

Presented by:

17

s/ Kyle A. Forsyth
Kyle A. Forsyth, WSBA # 34609
Assistant United States Attorney

18
19
20
21
22
23
24
25
26
27
28

ORDER SUSTAINING UNITED STATES’ OBJECTION TO
NOLL/NORWESCO’S ANSWER TO WRIT OF GARNISHMENT AND REQUIRING
NOLL/NORWESCO TO FILE A PROPER ANSWER AND WITHHOLD PROPERTY
(U.S. v. BERNARD GURR & NOLL/NORWESCO, LLC),
Nos. 2:16-cv-00179-RSL; 2:08-cr-00411-1 ) – 3

UNITED STATES ATTORNEY
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
[phone]