United States of America v. Mysin, No. 2:2019mc00121 - Document 17 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/16/2019 RECOMMENDING that 14 Request for Findings and Recommendations for Final Order of Garnishment be granted. Garnishee Bank of America, N.A. be directed to liquidate an d pay to the Clerk the entire balance in the bank Account Number ***1386, within 15 days of the filing of the Final Order. Payment shall be made payable to the Clerk of the Court and delivered to USDC, Eastern District of CA. The US is entitled to re cover a $107,549.41 litigation surcharge after satisfaction of the judgment in the criminal case denominated as US v. Mysin et al., Case No. 2:12-cr-00051-TLN. The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the case, if necessary. This garnishment shall be terminated once the Garnishee makes its payment to the Clerk of the Court. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)

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United States of America v. Mysin Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, v. 13 14 Case No. 2:19-mc-00121-TLN-AC [PROPOSED] FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF GARNISHMENT (BANK, STOCKS OR BROKERAGE ACCOUNTS) VALERI MYSIN, Criminal Case No. 2:12-cr-00051-TLN Defendant and Judgment Debtor. 15 16 17 BANK OF AMERICA, N.A., (and its Successors and Assignees) Garnishee. 18 The Court, having reviewed its files and United States of America’s Request for Findings and 19 20 Recommendations for Final Order of Garnishment (Bank, Stocks, or Brokerage Accounts), and good 21 cause appearing therefor, hereby recommends a final order of garnishment be granted. 22 Accordingly, IT IS RECOMMENDED that: 23 1. The United States’ Request for Findings and Recommendations for Final Order of 24 Garnishment be GRANTED; 2. 25 Garnishee Bank of America, N.A. be directed to liquidate and pay to the Clerk of the 26 Court the entire balance in the bank Account Number ***1386, within fifteen (15) days of the filing of 27 the Final Order; 28 /// [Proposed] FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF GARNISHMENT 1 Dockets.Justia.com 1 3. Payment shall be made in the form of a cashier’s check, money order or company draft, 2 made payable to the Clerk of the Court and delivered to the United States District Court, Eastern District 3 of California, 501 I Street, Room 4-200, Sacramento, California 95814. The criminal docket number 4 (2:12-cr-00051-TLN) shall be stated on the payment instrument. 5 4. The United States is entitled to recover a $107,549.41 litigation surcharge after 6 satisfaction of the judgment in the criminal case denominated as United States v. Valeri Mysin et al., 7 Case No. 2:12-cr-00051-TLN (ECF 164); 8 5. The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the 9 case, if necessary; and 10 6. This garnishment shall be terminated once the Garnishee makes its payment to the Clerk 11 of the Court. 12 These findings and recommendations are submitted to the United States District Judge assigned 13 to the case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served 14 with these findings and recommendations, any party may file written objections with the court and serve 15 a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s Findings 16 and Recommendations.” Failure to file objections within the specified time may waive the right to 17 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 18 951 F.2d 1153, 1156-57 (9th Cir. 1991). 19 Dated: September 16, 2019 20 21 22 23 24 25 26 27 28 [Proposed] FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF GARNISHMENT 2

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