United States of Amercia v. Stewart et al

Filing 11

AGREED CONTINUING GARNISHMENT ORDER signed by Judge Robert S. Lasnik re 9 Motion (CDA)

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The Honorable Robert S. Lasnik

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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,

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v.
JOHN MALCOLM STEWART,

(2:07-CR-00302-RSM-1)
Agreed Continuing Garnishment
Order

Defendant/Judgment Debtor,

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and

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NO. 2:18-MC-00099-RSL

VOLUME SERVICES, INC.,
Garnishee.

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A Writ of Continuing Garnishment directed to Garnishee, Volume

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Services, Inc., has been duly issued and served upon the Garnishee. Pursuant

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to the Writ, Garnishee Volume Services, Inc. filed its Answer on November 16,
2018, stating that at the time of the service of the Writ, Defendant/Judgment

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Debtor John Malcolm Stewart (Mr. Stewart) was an active employee who was

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paid bi-weekly.

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//

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AGREED CONTINUING GARNISHMENT ORDER
(USA v. John Malcolm Stewart and Volume Services, Inc.,
USDC#: 2:18-MC-009992-RSL / 2:07-CR-00302-RSM-1) - 1

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]

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After notification of the garnishment proceeding was mailed to the parties

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on or about October 12, 2018, the Defendant/Judgment Debtor has not

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requested a hearing to determine exempt property as of this date. On February
19, 2019, the United States filed an Agreed Motion to Issue Continuing

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Garnishment Order, stating that it had agreed with Mr. Stewart, through his

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counsel, to request a reduced garnishment rate of 15 percent of his disposable

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earnings at Volume Services, Inc.

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The United States attached a Proposed

Agreed Continuing Garnishment Order to that effect, jointly presented with Mr.
Stewart for signature.

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IT IS THEREFORE ORDERED as follows:

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That Garnishee, Volume Services, Inc., shall pay to the United States

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District Court for the Western District of Washington, all non-exempt earnings

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payable to Mr. Stewart, that it has previously withheld pursuant to the Writ of
Garnishment;

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That from this date forward, Volume Services, Inc. shall withhold and pay

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to the United States District Court for the Western District of Washington, 15

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percent of the disposable earnings payable to Mr. Stewart upon each period of

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time when Mr. Stewart is entitled to receive such funds, and shall continue
such payments, if any, until Mr. Stewart’s debt is paid in full or until he is no

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longer an active employee of Garnishee and the Garnishee no longer has

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possession, custody, or control of any funds due and owing to Mr. Stewart, or

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until further order of this Court;

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AGREED CONTINUING GARNISHMENT ORDER
(USA v. John Malcolm Stewart and Volume Services, Inc.,
USDC#: 2:18-MC-009992-RSL / 2:07-CR-00302-RSM-1) - 2

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]

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That such payments shall be applied to Mr. Stewart’s outstanding

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obligation by the United States District Court for the Western District of

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Washington; and
That the payments shall be made out to the United States District Court,

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Western District of Washington, referencing Case Nos. 2:07-CR-00302-RSM-1

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and 2:18-MC-00090-RSL, and delivered either personally or by First Class Mail

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to:

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United States District Court, Western District of Washington
Attn: Financial Clerk – Lobby Level
700 Stewart Street
Seattle, Washington 98101.

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DATED this 20th day of February, 2019.

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A
Robert S. Lasnik

United States District Court Judge

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AGREED CONTINUING GARNISHMENT ORDER
(USA v. John Malcolm Stewart and Volume Services, Inc.,
USDC#: 2:18-MC-009992-RSL / 2:07-CR-00302-RSM-1) - 3

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]