United States District Court, E.D. California
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND FINAL
ORDER OF GARNISHMENT
LAWRENCE J. O'NEILL UNITED STATES CHIEF DISTRICT JUDGE
On
August 19, 2019, the United States filed an Application for
Writ of Continuing Garnishment (wages) against defendant and
judgment debtor Angelita Leon's disposable wages,
earnings, commissions, and bonuses; and it requested to
receive the statutorily authorized litigation surcharge. ECF
1. The Clerk of the Court issued the Writ and Clerk's
Notice of Instructions to the Judgment Debtor. ECF 3, 4. The
United States served the Writ and related documents on Setton
Pistachio of Terra Bella, Inc. (“Garnishee”) and
Leon. ECF 2, 5.
On
September 10, 2019, the Garnishee filed its Acknowledgment of
Service and Answer of Garnishee stating that Leon is an
employee of the Garnishee. See ECF 6. Leon did not
file a claim of exemption to the proposed garnishment, did
not object to the Garnishee's answer, did not request a
hearing, and did not otherwise object to the United
States' garnishment action.
Pursuant
to 28 U.S.C. § 636(b)(1) and Local Rule 302, on November
13, 2019, the Magistrate Judge issued findings and
recommendations that recommended that the United States'
request for final order of garnishment be granted and ordered
that any objections were due within fourteen (14) days after
service. ECF 12. The United States served the findings and
recommendations on Leon the next day. ECF 13. Leon did not
object, and the time to do so has passed.
In
accordance with 28 U.S.C. § 636(b)(1)(C), the Court has
conducted a de novo review of the case. Having
carefully reviewed the entire file, the Court concludes that
the Magistrate Judge's findings and recommendations are
supported by the record and by proper analysis.
Accordingly:
1. The
United States' Request for Findings and Recommendations
for Final Order of Garnishment be GRANTED;
2.
Garnishee Setton Pistachio of Terra Bella, Inc., dba Setton
Farms be directed to pay the Clerk of the United States
District Court twenty-five percent (25%) of Angelita
Leon's ongoing and non-exempt disposable wages, earnings,
commissions, and bonuses;
3.
Garnishee Setton Pistachio of Terra Bella, Inc., dba Setton
Farms be directed to pay the Clerk of the United States
District Court the amount of non-exempt disposable wages,
earnings, commissions, and bonuses already withheld as a
result of the writ, within fifteen (15) days of the filing of
an order adopting these Findings and Recommendations;
4.
Garnishee Setton Pistachio of Terra Bella, Inc., dba Setton
Farms be directed to make payment in the form of a
cashier's check, money order or company draft, made
payable to the Clerk of the Court and delivered to the United
States District Court, Eastern District of California, 501 I
Street, Room 4-200, Sacramento, California 95814. The
criminal docket number (1:09-CR-00006-LJO-BAM) shall be
stated on the payment instrument;
5.
Garnishee Setton Pistachio of Terra Bella, Inc., dba Setton
Farms shall garnish $1, 402.63 of Leon's wages,
representing the litigation surcharge, once the judgment
balance of $15, 428.89 is satisfied. Garnishee shall pay the
litigation surcharge to the United States Department of
Justice via a single payment within twenty (20) days of the
garnished wages accumulating to the $1, 402.63 surcharge
amount.[1]
6. To
make its payment to the Department of Justice, Garnishee
Setton Pistachio of Terra Bella, Inc., dba Setton Farms shall
deliver a cashier's check, money order or company draft
in the sum of $1, 402.63 made payable to the “United
States Department of Justice” and mailed overnight to
the U.S. Bank Government Lockbox, Attn: DOJ Production
Manager/Box 790363, 1005 Convention Plaza, SL-MO-C2Gl, St.
Louis, MO 63101. The check shall state “CDCS Number
2010A15060” on the face of the check.[2]
7. The
Court shall retain jurisdiction to resolve matters through
ancillary proceedings in the case, if necessary; and 8. This
garnishment shall be terminate when (1) the United States
seeks to terminate the writ or ...