USA v. Esteves, No. 2:2022mc00280 - Document 10 (E.D. Cal. 2023)
Court Description: FINDINGS and RECOMMENDATIONS FOR FINAL ORDER OF CONTINUING GARNISHMENT signed by Magistrate Judge Deborah Barnes on 05/23/2023 RECOMMENDING that 9 Request be GRANTED in its entirety and detailed in the Order. Referred to Senior District Judge Morrison C. England. Objections due within 14 days after being serve with Findings and Recommendations. (Rodriguez, E)
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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, 13 v. No. 2:22-mc-0280 MCE DB FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF CONTINUING GARNISHMENT 14 JACOB DAVID ESTEVES, 15 Debtor. 16 17 18 FORGEN, LLC, 19 Garnishee. 20 The undersigned, having reviewed its files and the United States of America’s Request for 21 22 Findings and Recommendations for Final Order of Continuing Garnishment, and good cause appearing, 23 hereby recommends that the Court enter a Final Order of Continuing Garnishment. 24 Accordingly, IT IS HEREBY RECOMMENDED that: 25 1. The United States’ Request for Findings and Recommendations for Final Order of 26 Continuing Garnishment be GRANTED in its entirety; 27 /// 28 /// 30 FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF CONTINUING GARNISHMENT 1 2. 1 Forgen, LLC be directed to pay the Clerk of the United States District Court twenty-five 2 percent (25%) of Debtor Jacob David Esteves’ ongoing and non-exempt disposable earnings, including, 3 but not limited to wages, earnings, commissions, and bonuses; 3. 4 Forgen, LLC be directed to pay the Clerk of the United States District Court the amount 5 of non-exempt disposable earnings, including, but not limited to wages, earnings, commissions, and 6 bonuses, already withheld to date as required by the writ, within fifteen (15) days of the filing of the 7 Final Order. Payment shall be made in the form of a check, money order, or company draft, made 8 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 (2:06-CR-00200-MCE) shall be stated on the payment instrument; 4. 12 The United States be entitled to recover a $40,672.15 litigation surcharge after 13 satisfaction of the judgment amount owed by Jacob David Esteves; 5. 14 The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the 15 case, if necessary; and 6. 16 The garnishment shall terminate when the United States seeks to terminate the writ or 17 when the judgment amount and litigation surcharge are fully satisfied. These findings and recommendations are submitted to the United States District Judge assigned 18 19 to the case pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days, after being 20 served with these findings and recommendations, any party may file written objections with the court 21 and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate Judge’s 22 Findings and Recommendations.” Failure to file objections within the specified time may waive the 23 right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); 24 Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 25 Dated: May 23, 2023 26 27 DLB:6 DB\orders\orders.civil\USvEsteves0280.writ.f&rs 28 30 FINDINGS AND RECOMMENDATIONS FOR FINAL ORDER OF CONTINUING GARNISHMENT 2
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