United States of America v. Thomas
Plaintiff: United States of America
Defendant: Patricia K Thomas
Case Number: 2:2011mc00064
Filed: July 1, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Lawrence K. Karlton
Presiding Judge: Kendall J. Newman
Nature of Suit: Other Statutory Actions
Cause of Action: Civil Miscellaneous Case
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 9, 2012 Opinion or Order Filing 33 ORDER signed by Judge Lawrence K. Karlton on 3/9/2012 FINDINGS AND RECOMMENDATIONS 30 are ADOPTED in FULL; Garnishee Brasher's Sacramento Auto Auction shall withhold and pay over to the Clerk of the Court 25% of all disposable wages earne d by Patricia K. Thomas until the sum of $1,860,660.43, plus accruing interest, less any payments credited since 10/3/2011, is paid in full; and Payments must be made in US currency, certified funds or cashier's check. If payment is made by monetary instrument, the instrument must be made payable to the "Clerk of the Court" and the face of the instrument must indicate that the payment is being made on behalf of "Patricia K. Thomas, Criminal Case No. 2:02-CR-00152-LKK." The payment must be delivered to: Clerk of the Court, USDC EDCA, Sacramento, CA.(Reader, L)
January 18, 2012 Opinion or Order Filing 30 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/17/12, RECOMMENDING that plaintiff's amended application for a writ of continuing garnishment be granted, and that a final order of garnishment be entered that garnis hes 25 percent of defendant's bi-weekly "disposable earnings." Matter referred to Judge Lawrence K. Karlton. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
January 10, 2012 Opinion or Order Filing 29 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 1/9/12 ORDERING that on or before 1/18/2012, Mr. Axup shall show good cause in writing why he failed to file a timely supplemental response to the underlying application for a writ of continuing garnishment on defendants behalf, why monetary sanctions should not be imposed on him personally, and why the defendant's untimely supplemental brief should be considered by the court. (Kastilahn, A)
January 6, 2012 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Kendall J. Newman on 1/5/12 ORDERING that The United States and Brasher's stipulation 26 is APPROVED. Within 14 days of the date of this order, Brasher's will remit to the Court, as set forth below, the total sum of $3,671.03. The Order to Show Cause filed on 12/21/11 23 is discharged, and the hearing thereon scheduled for 2/9/12, is vacated.(Mena-Sanchez, L)
December 21, 2011 Opinion or Order Filing 23 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 12/20/2011. Garnishee Brasher's Sacramento Auto shall appear before Judge Newman on 2/9/2012 at 10:00 AM in Courtroom 25 (KJN) to SHOW GOOD CAUSE why it failed to comply with Wr it of Continuing Garnishment and why Court should not enter Judgment against it for value of disposable earnings required to withhold from defendant and judgment debtor Patricia K. Thomas's pay in accordance with Writ between service of Writ on 7/15/2011 and Courts 11/14/2011 interim order. Plaintiff shall serve copy of Order to Show Cause on Garnishee by certified mail within 7 days of date of entry of Order to Show Cause at address that Garnishee provided in Acknowledgment of Service and Answer of Garnishee (Wages) within 21 days of service of a copy this Order to Show Cause. Garnishee shall file and serve written response to Petition, supported by an appropriate Declaration(s), as well as any motions Garnishee desires to make. Plaintiff may file Reply Brief on or before 2/2/2012. (Marciel, M)
November 30, 2011 Opinion or Order Filing 19 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 11/29/2011 ORDERING that on or before 12/8/2011, Mr. Axup shall show good cause in writing: (1) why he failed to file a supplemental response to the Application on defendant's b ehalf; (2) why monetary sanctions should not be imposed on him personally; and (3) why the Application should not be summarily granted. Mr. Axup's failure to respond to this order shall provide additional grounds for the imposition of monetary sanctions on him personally. (Zignago, K.)
November 14, 2011 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Kendall J. Newman on 11/10/2011 ORDERING that Defendant shall file a supplemental response to plaintiff's 1 Application no later than November 25, 2011. Plaintiff may file a reply to defendant's response, if any, on or before December 12, 2011. The court will set a subsequent hearing on the Application if the court deems such a hearing necessary. Defendant shall pay as restitution, on an interim basis, 25% of her gross bi-weekly pay directly t o the office of the United States Attorney for the Eastern District of California. Plaintiff's next such payment shall be made on November 18, 2011, and such payments shall continue on a bi-weekly basis until entry of a final order on plaintiff's Application. (Duong, D)
October 18, 2011 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/11: Garnishment Hearing RESET for 11/10/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kaminski, H)
August 29, 2011 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Kendall J. Newman on 8/26/2011 GRANTING 11 Stipulation and Proposed Order filed by United States of America; Garnishment Hearing CONTINUED to 10/20/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.(Waggoner, D)
July 20, 2011 Opinion or Order Filing 4 RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on 07/20/2011. Case numbers: 2:02-cr-0152 LKK and 2:11-mc-0064 LKK are related within the meaning of Local Rule 123(a), E.D. Cal. (2011). (Michel, G)
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Plaintiff: United States of America
Represented By: Bobbie J. Montoya, flu
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Defendant: Patricia K Thomas
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