United States of America v. DeFazio
Plaintiff: United States of America
Defendant: Robert A DeFazio
Garnishee: CRRS LLC
Case Number: 2:2011cv00529
Filed: March 22, 2011
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: David G Campbell
Nature of Suit: Contract: Recovery Student Loan
Cause of Action: 28 U.S.C. ยง 1345
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 12, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 12, 2015 Opinion or Order 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)
May 1, 2015 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)
April 30, 2015 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)
April 30, 2015 Opinion or Order 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)
April 29, 2015 Opinion or Order 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)
April 23, 2015 Filing 43 MEMORANDUM Required by Court by Plaintiff United States of America. (Faulk, Denise)
April 8, 2015 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)
April 7, 2015 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)
March 23, 2015 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).
March 12, 2015 Opinion or Order Filing 39 ORDER granting #36 Garnishee's Motion for clarification. Signed by Judge David G Campbell on 3/12/15.(LSP)
March 6, 2015 Filing 38 REPLY to Response to Motion re: #36 MOTION Garnishee's Motion for Clarification filed by CRRS LLC. (Mansfield, Matthew)
February 27, 2015 Filing 37 RESPONSE to Motion re: #36 MOTION Garnishee's Motion for Clarification filed by United States of America. (Faulk, Denise)
February 23, 2015 Filing 36 MOTION Garnishee's Motion for Clarification by CRRS LLC. (Mansfield, Matthew)
February 23, 2015 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).
February 23, 2015 Filing 34 NOTICE of Errata re: #33 Notice of Appearance/Association of Counsel by Garnishee CRRS LLC.. (Mansfield, Matthew)
February 23, 2015 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).
February 19, 2015 Opinion or Order 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)
February 17, 2015 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)
February 12, 2015 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)
December 16, 2014 Opinion or Order 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)
December 2, 2014 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)
October 21, 2014 Opinion or Order 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)
October 2, 2014 Opinion or Order 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)
September 8, 2014 Filing 25 RESPONSE to Motion re: #22 MOTION to Quash Writ of Garnishment filed by United States of America. (Faulk, Denise)
September 3, 2014 Filing 24 NOTICE re: Decree of Legal Separation by Robert A DeFazio. (LFIG)
September 3, 2014 Filing 23 NOTICE re Additional Time to Respond to Future Requests by Robert A DeFazio. (LFIG)
August 25, 2014 Filing 22 MOTION to Quash Writ of Garnishment by Robert A DeFazio. Styled as: "Defendant Claim for Exemptions". (LSP)
August 8, 2014 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)
August 7, 2014 Filing 20 AMENDED DOCUMENT by CRRS LLC. Amendment to #19 Answer to Writ of Garnishment as to Contracted Earnings. (LAD) (3 pages)
August 7, 2014 Filing 19 ANSWER to Writ of Garnishment by CRRS LLC. (LAD) (3 pages)
August 4, 2014 Filing 18 NOTICE re: of Service of Documents on Judgment Debtor, CRRS, LLC, Garnishee by United States of America . (Faulk, Denise)
July 10, 2014 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).
July 9, 2014 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)
July 9, 2014 Filing 15 NOTICE OF ATTORNEY SUBSTITUTION: Denise Ann Faulk appearing for United States of America. Attorney Karen Baerst Treon terminated. . (Faulk, Denise)
June 1, 2012 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)
June 1, 2012 Opinion or Order 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)
April 12, 2012 Opinion or Order 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)
February 17, 2012 Filing 11 MOTION for Oral Argument re Motion for summary judgment by Robert A DeFazio. (pleading shows a different address for defendant) (DMT)
January 17, 2012 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)
January 17, 2012 Filing 9 MOTION for Summary Judgment by United States of America. (Treon, Karen)
January 17, 2012 Filing 8 NOTICE OF ATTORNEY APPEARANCE: Karen Baerst Treon appearing for United States of America. (Treon, Karen)
June 10, 2011 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)
May 31, 2011 Filing 6 ANSWER to #1 Complaint by Robert A DeFazio. (styled as answer (to be amended) Motions and Requests)(DMT)
April 4, 2011 Opinion or Order 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)
March 22, 2011 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.
March 22, 2011 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)
March 22, 2011 Filing 2 SUMMONS Submitted by United States of America (submitted by Elizabeth Wilson). (REK)
March 22, 2011 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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Plaintiff: United States of America
Represented By: Denise Ann Faulk
Represented By: Elizabeth Anne Wilson - Inactive
Represented By: Karen Baerst Treon
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Defendant: Robert A DeFazio
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Garnishee: CRRS LLC
Represented By: Matthew James Mansfield
Represented By: Shelton L Freeman
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