August 6, 2013
UNITED STATES OF AMERICA Plaintiff,
MARC X. PEARL Defendant.
MICHAEL COSENTINO, SBN 83253, Alameda, CA, Attorney for Plaintiff, United States of America.
DONNA M. RYU, Magistrate Judge.
The above entitled Plaintiff having filed its complaint herein, and the above entitled defendant having consented to the making and entry of this final judgment without trial, hereby agree as follows:
1. This Court has jurisdiction over the subject matter of this litigation and over the parties to the Consent Judgment. The Complaint herein states a claim upon which relief can be granted.
2. In accordance with the provisions of Title 28 U.S.C. Section 636(c) the parties hereby voluntarily waive their rights to proceed before a judge of the United States District Court and consent to have a United States magistrate judge conduct any and all further proceedings in the case, including trial, and order the entry of a final judgment. It is understood that any appeal from a judgment entered by a magistrate judge will be taken directly to the Ninth Circuit of the United States Court of Appeals in the same manner as an appeal from any other judgment of a District Court.
3. Judgment shall be in favor of Plaintiff, United States of America and against Defendant, Marc X. Pearl, in the sum of $37337.25, consisting of $14, 325.46, in principal, $23011.79 interest to _____, CIF costs of $0, court costs of 0 and attorney's fees of $0, plus interest at the rate of per 28 USC 1961% per annum
4. This consent judgment shall bear interest pursuant to the provisions of 28 U.S.C. § 1961(a) at the legal rate per annum from the date of entry of judgment, which interest will be compounded annually pursuant to the provisions of 28 U.S.C. § 1961(b) until paid in full.
5. On or before September 30, 2013, the judgment debtor will tender to the United States of America, a check payable to the U.S. Department of Justice mailed to, payable to the U.S. Department of Justice Michael Cosentino Po Box 129 Alameda, CA 94501 in the amount of $28, 002.75 Which will Satisfy this Judgment.
It the meant the 28, 002.75 for September 30, 2013, in not price, Judgment in the Amount of $37, 337.25 will be in Full face from C. Effect.
6. An Abstract of Judgment shall be recorded with the Recorder's Office of the County of residence of the judgment debtor; plaintiff may also record or file similar documents elsewhere.
7. Default under the terms of this consent judgment will entitle the United States of America to execute on this judgment without notice to the judgment debtor
8. The judgment debtor has the right of prepayment of this debt pursuant to Pages without penalty.
9. In case of default, all costs incurred in recording, filing, executing, or levying on, satisfying, or otherwise servicing this judgment shall be paid by the judgment debtor.
APPROVED AND SO ORDERED.