United States of America v. DeFazio
| United States of America |
| Robert A DeFazio |
| CRRS LLC |
| 2:2011cv00529 |
| March 22, 2011 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| David G Campbell |
| Contract: Recovery Student Loan |
| 28 U.S.C. § 1345 |
| None |
Docket Report
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Filing 48
ORDER granting #47 Plaintiff's Motion to Quash. The writ of continuing garnishment dated July 10, 2014 (Doc. #17 ) is quashed. Signed by Judge David G Campbell on 5/12/15.(LSP)
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| Filing 47 MOTION to Quash Writ of Continuing Garnishment , CRRS, LLC, Garnishee by United States of America. (Attachments: #1 Text of Proposed Order Quashing Writ of Continuing Garnishment)(Faulk, Denise) |
| Filing 46 MINUTE ORDER: Judgment Debtor Exam held on 4/30/2015. Appearances: Denise Faulk for the Plaintiff and Defendant/Judgment Debtor Robert A DeFazio are present. Defendant is sworn and examined. Court did not participate. However, examination was recorded by COURTSMART (2:25 PM to 3:41 PM). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAL) |
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Filing 45
ORDER the Court clarifies that: (1) DeFazio's earnings as an independent contractor are "earnings" under the Disposition Order, so long as those earnings are compensation paid for personal services; (2) Garnishment of DeFazio's earnings is subject to 15 U.S.C. 1673(a); and (3) The Disposition Order applies to payments from CRRS to DeFazio beginning on and continuing after the date of the writ of garnishment. Signed by Judge David G Campbell on 4/30/15. (LSP)
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Filing 44
ORDER that the judgment debtor examination, scheduled before this Court on April 30, 2015, at 2:30 p.m., may proceed on the record. See PDF document for details. Signed by Magistrate Judge Michelle H Burns on 4/29/15. (LSP)
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| Filing 43 MEMORANDUM Required by Court by Plaintiff United States of America. (Faulk, Denise) |
| Filing 42 MINUTE ENTRY for proceedings held before Magistrate Judge Michelle H Burns: Status Conference held on 4/8/2015. This is the time set for the Judgment Debtor Exam. The Court is informed that an issue has arisen regarding the recording and transcript of the Judgment Debtor Exam. Discussion held. IT IS ORDERED resetting the Judgment Debtor Exam to 4/30/2015 at 2:30 p.m. and Judgment Debtor Robert DeFazio is ORDERED to appear. IT IS FURTHER ORDERED that the Government must file a memorandum at least 5 working days before April 30, 2015, regarding the following: 1) the authority to place the judgment debtor exam on the record, 2) whether or not there is authority to seal the proceeding if placed on the record, and 3) short of sealing, what information must be redacted from any transcript ordered. Judgment Debtor Robert DeFazio may also file a memorandum, but is not required to do so. If the Government elects to bring a court reporter to record the proceedings instead, the Government need not file a memorandum, but Government counsel is ORDERED to notify the Court in advance of her intention to do so. APPEARANCES: AUSA Denise Faulk for the Government and Robert DeFazio, Pro Se Judgment Debtor. Judgment Debtor Exam reset for 4/30/2015 at 02:30 PM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns. (Recorded by COURTSMART.) Hearing held 2:16 PM to 2:31 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAL) |
| Filing 41 REPLY to Response to Motion re: #36 MOTION Garnishee's Motion for Clarification // Garnishee's Response Brief in Support of Its Motion for Clarification filed by CRRS LLC. (Mansfield, Matthew) |
| Filing 40 *RESPONSE to Motion re: #36 MOTION Garnishee's Motion for Clarification filed by United States of America. (Attachments: #1 Exhibit Declaration of Amy Phillips-Penquite in Support of Response to Motion for Clarification, #2 Exhibit Arizona Corporation Commission documents for CRRS, LLC, #3 Exhibit Postal Tracers for Judgment Debtor's current address, #4 Exhibit Waiver of Service)(Faulk, Denise) *Modified to add link to Order #39 on 3/23/2015 (ACL). |
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Filing 39
ORDER granting #36 Garnishee's Motion for clarification. Signed by Judge David G Campbell on 3/12/15.(LSP)
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| Filing 38 REPLY to Response to Motion re: #36 MOTION Garnishee's Motion for Clarification filed by CRRS LLC. (Mansfield, Matthew) |
| Filing 37 RESPONSE to Motion re: #36 MOTION Garnishee's Motion for Clarification filed by United States of America. (Faulk, Denise) |
| Filing 36 MOTION Garnishee's Motion for Clarification by CRRS LLC. (Mansfield, Matthew) |
| Filing 35 *NOTICE of Appearance by Matthew James Mansfield on behalf of CRRS LLC. (Mansfield, Matthew) *Document duplicate of entry (Doc. #33 . Modified on 2/24/2015 (ACL). |
| Filing 34 NOTICE of Errata re: #33 Notice of Appearance/Association of Counsel by Garnishee CRRS LLC.. (Mansfield, Matthew) |
| Filing 33 *NOTICE of Appearance by Matthew James Mansfield on behalf of CRRS LLC. (Mansfield, Matthew) *Modified to reflect document filed with incorrect caption on 2/24/2015 (ACL). |
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Filing 32
ORDER FOR APPEARANCE OF JUDGMENT DEBTOR granting #30 Motion (Petition) for Judgment Debtor Exam (as to Defendant Robert DeFazio). Judgment Debtor Exam set for 4/8/2015 at 02:00 PM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns. IT IS FURTHER ORDERED that failure to comply with this Court's Order may result in the issuance of an Order to Show Cause requiring Defendant to appear at a date and time certain to show cause why should not be held in contempt. IT IS FURTHER ORDERED that failure to comply with this Order may result in the appearance of a civil arrest warrant.... (See document for further details). Signed by Magistrate Judge Michelle H Burns on 2/19/15.(LAD)
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| Filing 31 MINUTE ORDER: Referring the #30 MOTION for Judgment Debtor Exam to Judge Michelle H Burns for all further proceedings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 30 MOTION for Judgment Debtor Exam Robert DeFazio, Judgment Debtor, by United States of America. (Attachments: #1 Text of Proposed Order Order for Appearance of Judgment Debtor, #2 Exhibit Financial Statement)(Faulk, Denise) |
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Filing 29
ORDER granting #28 Plaintiff's Motion for entry of garnishment disposition order, see PDF document for details. Signed by Judge David G Campbell on 12/16/14.(LSP)
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| Filing 28 MOTION For Entry of Garnishment Disposition Order, CRRS, LLC, Garnishee by United States of America. (Attachments: #1 Text of Proposed Order Garnishment Disposition Order, CRRS, LLC, Garnishee)(Faulk, Denise) |
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Filing 27
ORDER - IT IS THEREFORE ORDERED denying Defendants Claim for Exemptions, filedon August 25, 2014, and docketed by the Court as a Motion to Quash (Doc. #22 ). (See document for further details). Signed by Magistrate Judge Michelle H Burns on 10/21/14.(LAD)
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Filing 26
ORDER that this case is referred to Magistrate Judge Michelle H. Burns for purposes of ruling on the pending #22 MOTION to Quash Writ of Garnishment. Signed by Judge David G Campbell on 10/2/14. (LAD)
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| Filing 25 RESPONSE to Motion re: #22 MOTION to Quash Writ of Garnishment filed by United States of America. (Faulk, Denise) |
| Filing 24 NOTICE re: Decree of Legal Separation by Robert A DeFazio. (LFIG) |
| Filing 23 NOTICE re Additional Time to Respond to Future Requests by Robert A DeFazio. (LFIG) |
| Filing 22 MOTION to Quash Writ of Garnishment by Robert A DeFazio. Styled as: "Defendant Claim for Exemptions". (LSP) |
| Filing 21 NOTICE re: of Termination of Government Counsel by United States of America re: #15 Notice of Attorney Appearance/Substitution - USA Elizabeth Ann Wilson terminated. (Faulk, Denise) |
| Filing 20 AMENDED DOCUMENT by CRRS LLC. Amendment to #19 Answer to Writ of Garnishment as to Contracted Earnings. (LAD) (3 pages) |
| Filing 19 ANSWER to Writ of Garnishment by CRRS LLC. (LAD) (3 pages) |
| Filing 18 NOTICE re: of Service of Documents on Judgment Debtor, CRRS, LLC, Garnishee by United States of America . (Faulk, Denise) |
| Filing 17 QUASHED by (Doc. #48 ) WRIT OF CONTINUING GARNISHMENT issued (CRRS LLC, garnishee) (Attachments: #1 Clerk's Notice of Post Judgment Garnishment) (LAD) Modified on 5/12/2015 (LSP). |
| Filing 16 APPLICATION for Writ of Continuing Garnishment, CRRS, LLC, Garnishee by United States of America. (Attachments: #1 Exhibit Writ of Continuing Garnishment, CRRS, LLC, Garnishee, #2 Exhibit Clerk's Notice of Post Judgment Garnishment, CRRS, LLC, Garnishee)(Faulk, Denise) |
| Filing 15 NOTICE OF ATTORNEY SUBSTITUTION: Denise Ann Faulk appearing for United States of America. Attorney Karen Baerst Treon terminated. . (Faulk, Denise) |
| Filing 14 CLERK'S JUDGMENT - Pursuant to the Court's order filed this date and upon the Court's instruction therein, judgment is entered for the Plaintiff and against Defendant in the amount of $254,516.43 in principal and $21,923.00 in interest through January 21, 2011, plus interest from January 22, 2012 through the date of judgment in the amount of $3,967.60, plus interest from the date of judgment at.21% compounded annually until the judgment is satisfied. Plaintiff is also entitled to costs incurred herein. (DMT) |
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Filing 13
ORDER granting #9 Plaintiff's Motion for Summary Judgment; denying #11 Defendant's Motion for Oral Argument. The Clerk is directed to enter judgment against Defendant for $254,516.43 in principal and $21,923.00 in interest through January 21, 2011, plus interest from January 22, 2012 through the date of judgment in the amount of $3,967.60, plus interest from the date of judgment at.21% compounded annually until the judgment is satisfied. Plaintiff is also entitled to costs incurred herein. Signed by Judge David G Campbell on 5/31/12.(DMT)
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Filing 12
ORDER that Defendant must file a response to #9 Plaintiff's Motion for Summary Judgment, no later than May 11, 2012. Plaintiff may file a reply within 15 days after service of Defendant's response. That the Motion for Summary Judgment will be deemed ready for decision on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Judge David G Campbell on 4/12/12. (DMT)
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| Filing 11 MOTION for Oral Argument re Motion for summary judgment by Robert A DeFazio. (pleading shows a different address for defendant) (DMT) |
| Filing 10 STATEMENT of of Facts re #9 MOTION for Summary Judgment by Plaintiff United States of America. (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit 1 and 2)(Treon, Karen) |
| Filing 9 MOTION for Summary Judgment by United States of America. (Treon, Karen) |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE: Karen Baerst Treon appearing for United States of America. (Treon, Karen) |
| Filing 7 Summons Returned Unexecuted by United States of America as to Robert A DeFazio but states that defendant returned a signed packet in the mail. (DMT) |
| Filing 6 ANSWER to #1 Complaint by Robert A DeFazio. (styled as answer (to be amended) Motions and Requests)(DMT) |
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Filing 5
SCHEDULING ORDER, that the deadline for filing dispositive motions is six (6) months from the date the case is at issue. Plaintiff shall serve Defendant with a copy of this Order within 15 days of any appearance. Signed by Judge David G Campbell on 4/4/11. (see order for full details)(DMT)
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| Filing 4 Summons Issued as to Robert A DeFazio. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 This case has been assigned to the Honorable David G. Campbell. All future pleadings or documents should bear the correct case number: CV 11-00529-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) |
| Filing 2 SUMMONS Submitted by United States of America (submitted by Elizabeth Wilson). (REK) |
| Filing 1 COMPLAINT, filed by United States of America (submitted by Elizabeth Wilson). (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(REK) |
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