USA v. Grady, No. 2:2021mc00241 - Document 13 (E.D. Cal. 2021)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/24/2021 RECOMMENDING that 12 Request for Findings and Recommendations for Final Order of Continuing Garnishment be GRANTED. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Rodriguez, E)

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USA v. Grady Doc. 13 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 v. 13 14 JEFFREY S. GRADY, 15 Case No. 2:21-MC-00241-TLN-AC [PROPOSED] FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF CONTINUING GARNISHMENT Criminal Case No. 2:15-CR-00204-TLN Defendant and Debtor. 16 17 18 KEY AIR CONDITIONING CONTRACTORS, INC., (and its Successors and Assignees) 19 Garnishee. 20 21 The Court, having reviewed its files and the United States’ Request for Findings and 22 Recommendations for Final order of Continuing Garnishment, and good cause appearing, hereby 23 recommends a final order of continuing garnishment be granted. 24 Accordingly, IT IS RECOMMENDED that: 25 1. The United States’ Request for Findings and Recommendations for Final Order of 26 Continuing Garnishment be GRANTED; 27 /// 28 /// [PROPOSED] FINDINGS AND RECOMMENDATIONS 1 Dockets.Justia.com 1 2. Key Air Conditioning Contractors, Inc., be directed to pay the Clerk of the United States 2 District Court twenty-five percent (25%) of Jeffrey S. Grady’s ongoing and non-exempt disposable 3 earnings, including, but not limited to wages, earnings, commissions, and bonuses; 4 3. Key Air Conditioning Contractors, Inc., be directed to pay the Clerk of the United States 5 District Court the amount of non-exempt disposable earnings, including, but not limited to wages, 6 earnings, commissions, and bonuses, already withheld as a result of the writ, within fifteen (15) days of 7 the filing of the Final Order. Payment shall be made in the form of a cashier’s check, money order, or 8 company draft, made payable to the “Clerk of the Court” and delivered to: 9 Office of the Clerk 501 I St., Rm. 4-200 Sacramento, CA 95814 10 11 The criminal docket number (2:15-CR-00204-TLN) shall be stated on the payment instrument; 12 4. The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the 13 case, if necessary; and 14 5. The garnishment shall terminate when (1) the United States seeks to terminate the writ or 15 (2) when the judgment amount is fully satisfied. 16 These findings and recommendations are submitted to the United States District Judge assigned 17 to the case pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days, after being 18 served with these findings and recommendations, any party may file written objections with the court 19 and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s 20 Findings and Recommendations.” Failure to file objections within the specified time may waive the 21 right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 22 v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 23 Dated: November 24, 2021 24 25 26 27 28 [PROPOSED] FINDINGS AND RECOMMENDATIONS 2

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