USA v. Antolin, No. 2:2023mc00031 - Document 15 (E.D. Cal. 2023)

Court Description: ORDER signed by Senior Judge John A. Mendez for Senior Judge William B. Shubb on 5/12/2023 ADOPTING 12 Findings and Recommendations in full. Dexcom, Inc., is DIRECTED to pay the Clerk of the United States District Court twenty-five percent (25 7;) of Debtor Rommel Antolin's ongoing and non-exempt disposable earnings, including, but not limited to wages, earnings, commissions, and bonuses; Dexcom, Inc., is DIRECTED to pay the Clerk of the United States District Court the amount of non- exempt disposable earnings, including, but not limited to wages, earnings, commissions, and bonuses, already withheld as a result of the writ, within 15 days of the filing of this Order. The United States be entitled to recover a $31,353.76 liti gation surcharge after satisfaction of the judgment amount owed by Rommel Antolin. Garnishee shall pay the litigation surcharge to the United States Department of Justice, who will provide payment instructions to the Garnishee concurrently with service of the final order. (Perdue, C.)

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USA v. Antolin Doc. 15 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, Case No. 2:23-MC-00031-WBS-KJN Plaintiff, 12 FINAL ORDER OF CONTINUING GARNISHMENT v. 13 14 ROMMEL ANTOLIN, 15 Debtor. Criminal Case No. 2:08-CR-00318-MCE 16 17 DEXCOM, INC., Garnishee. 18 19 On April 20, 2023 the magistrate judge filed findings and recommendations (ECF No. 20 21 12), which were served on the parties and which contained notice that any objections to the 22 findings and recommendations were to be filed within fourteen (14) days. No objections were 23 filed. Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 24 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 25 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 26 1983). 27 The court has reviewed the applicable legal standards and, good cause appearing, 28 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 1 Dockets.Justia.com 1 IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 12) are ADOPTED IN FULL; 3 2. Dexcom, Inc., is directed to pay the Clerk of the United States District Court twenty-five 4 percent (25%) of Debtor Rommel Antolin’s ongoing and non-exempt disposable earnings, 5 including, but not limited to wages, earnings, commissions, and bonuses; 6 3. Dexcom, Inc., is directed to pay the Clerk of the United States District Court the amount 7 of non-exempt disposable earnings, including, but not limited to wages, earnings, 8 commissions, and bonuses, already withheld as a result of the writ, within fifteen (15) 9 days of the filing of the Final Order. Payment shall be made in the form of a check, 10 money order, or company draft, made payable to the “Clerk of the Court” and delivered 11 to: 12 Office of the Clerk 13 501 I St., Rm. 4-200 14 Sacramento, CA 95814 15 The criminal docket number (2:08-CR-00318-MCE) shall be stated on the payment instrument; 16 4. The United States is entitled to recover a $31,353.76 litigation surcharge after satisfaction 17 of the judgment amount owed by Rommel Antolin. Garnishee shall pay the litigation 18 surcharge to the United States Department of Justice, who will provide payment 19 instructions to the Garnishee concurrently with service of the final order; 20 21 22 23 5. The Court shall retain jurisdiction to resolve matters through ancillary proceedings in the case, if necessary; and 6. The garnishment shall terminate when (1) the United States seeks to terminate the writ or (2) when the judgment amount and litigation surcharge are fully satisfied. 24 25 26 Dated: May 12, 2023 /s/ John A. Mendez for THE HONORABLE WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 27 28 2

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