IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 10, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
PATRICIA K. THOMAS, DEFENDANT AND JUDGMENT DEBTOR.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Presently before the court is plaintiff's amended application for a writ of continuing garnishment ("Application"), seeking the garnishment of 70% of defendant's disposable earnings in furtherance of the payment of a criminal restitution balance in the amount of $1,860,660.43 (which includes interest as of October 6, 2011).*fn1 The court heard this matter on its law and motion calendar on November 10, 2011. Assistant United States Attorney Bobbie J. Montoya appeared on behalf of plaintiff. Attorney Mark S. Axup appeared on behalf of defendant.*fn2
For the reasons stated on the record at the hearing, IT IS HEREBY ORDERED
1. Defendant shall file a supplemental response to plaintiff's Application no later than November 25, 2011.*fn3
2. Plaintiff may file a reply to defendant's response, if any, on or before December 12, 2011.
3. The court will set a subsequent hearing on the Application if the court deems such a hearing necessary.
4. Defendant shall pay as restitution, on an interim basis, 25% of her gross bi-weekly pay directly to the office of the United States Attorney for the Eastern District of California. Plaintiff's next such payment shall be made on November 18, 2011, and such payments shall continue on a bi-weekly basis until entry of a final order on plaintiff's Application.
IT IS SO ORDERED.