United States of America v. Samuel
Plaintiff: United States of America
Defendant: Hoda Samuel
Case Number: 2:2015mc00016
Filed: March 12, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: John A. Mendez
Presiding Judge: Kendall J. Newman
Nature of Suit: Other Statutory Actions
Cause of Action: Civil Miscellaneous Case
Jury Demanded By: None
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Date Filed Document Text
March 27, 2019 Opinion or Order Filing 59 ORDER signed by District Judge John A. Mendez on 3/27/2019 ADOPTING 51 Findings and Recommendations in full. The 20 garnishment order, including its findings, reasoning, and conclusions, is ADOPTED as a final order of the court, except as to the portions of the order concerning the corporate accounts at Tri Counties Bank, given that the United States has voluntarily abated its garnishment of those accounts. The United States' request for a $284,813.77 litigation surcharge is APPROVED, and the Chapter 11 trustee/Plan Administrator is DIRECTED to pay the US Department of Justice the surcharge amount as provided in the Stipulation filed in Bankruptcy Case No. 16-21585-A-11 as Document No. 1187 and in this Miscellaneous Case No. 15-mc-16-JAM-KJN as ECF No. 46-1, with payment due within 30 days following the filing of this order. The Clerk of Court shall PAY to Scott M. Sackett, Plan Administrator, the $137,347.61 Restitution Surplus as defined in, and provid ed by, the Stipulation within 30 days following the filing of this order. The Clerk of Court shall DISBURSE all remaining funds in the Clerk's possession according to the schedule of payments section of the defendant, Hoda Samuel's, amended criminal judgment, CR ECF No. 597, Case No. 2:10-cr-223-JAM, and shall DISBURSE any remaining surplus funds in accordance with applicable law, regulations, or procedures. All pending writs of garnishment shall terminate within 30 days of this order. Case ADMINISTRATIVELY CLOSED. (cc: Financial Dept.) (York, M)
February 7, 2019 Opinion or Order Filing 54 ORDER signed by Magistrate Judge Kendall J. Newman on 2/7/19 GRANTING Defendant's motion for a 30-day extension of time to file objections to the findings and recommendations. Defendant shall have until 3/8/2019 to file objections to the findings and recommendations. The United States may file a reply to any objections within 14 days after service of any such objections. (Kastilahn, A)
December 28, 2018 Opinion or Order Filing 51 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/28/2018 RECOMMENDING The 2/17/2016 garnishment order (ECF No. 20 ), including its findings, reasoning, and conclusions, be adopted as a final order of the court, except as to the portions of the order concerning the corporate accounts at Tri Counties Bank; The Clerk of Court be directed to administratively close these garnishment actions. Referred to Judge John A. Mendez; Objections due within 28 days after being served with these F & R's.(Reader, L)
March 3, 2017 Opinion or Order Filing 45 ORDER signed by Magistrate Judge Kendall J. Newman on 3/3/2017 DENYING 41 Motion to withdraw the court's 2/17/2016 order. This case remains STAYED pending resolution of defendant's bankruptcy case and further order of the court. (Zignago, K.)
June 1, 2016 Opinion or Order Filing 35 ORDER signed by Magistrate Judge Kendall J. Newman on 06/01/16 ORDERING that the United States' 34 ex parte application to stay the action is GRANTED; within 21 days of resolution of the bankruptcy case, the United States shall file either a request for dismissal of this action or a status report addressing what issues remain to be adjudicated by this court. CASE STAYED (Benson, A)
April 27, 2016 Opinion or Order Filing 33 ORDER signed by Magistrate Judge Kendall J. Newman on 4/26/16 ORDERING that the Motion to Proceed IFP 30 is DENIED. Such denial is without prejudice to defendant moving to proceed in forma pauperis in the Ninth Circuit Court of Appeals. MOTIONS 32 to APPOINT COUNSEL, 31 are DENIED. The Clerk of Court shall serve a copy of this order on the Ninth Circuit Court of Appeals. (Mena-Sanchez, L) Modified on 4/27/2016 (Mena-Sanchez, L).
March 28, 2016 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Kendall J. Newman on 3/28/16: The United States shall have an additional 60 days from the date this order is filed to file supplemental briefing informing the Court whether it intends to garnish the corporate accounts at Tri-Counties Bank. The writ of garnishment with respect to the Defendant' safe deposit box at Tri- Counties Bank is terminated. (Kaminski, H)
March 3, 2016 Opinion or Order Filing 23 ORDER signed by Magistrate Judge Kendall J. Newman on 03/03/16 ORDERING that Mr. Samuel's 22 Motion for Reconsideration is DENIED. No further motions for reconsideration will be entertained. (Benson, A)
February 17, 2016 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Kendall J. Newman on 2/17/16 ORDERING that Defendant's Request for the appointment of Counsel is DENIED. The Clerk of Court shall administratively close Case Nos. 2:15-mc-17-JAM-KJN and 2:15-mc-99-JAM-KJN, the court having resolved all pending matters in those cases. However, Case No. 2:15-mc-16-JAM-KJN shall remain open for further proceedings with respect to the Tri Counties Bank corporate accounts and safety deposit box(Mena-Sanchez, L)
September 10, 2015 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Kendall J. Newman on 9/10/2015 ORDERING that within fourteen (14) days of this order, the United States shall file a response to defendant's filings opposing garnishment, 11 , 12 . In light of defendant's incarceration in Texas, and because oral argument would not be of material assistance, the matter shall then be submitted on the record and written briefing without oral argument, with a written order to follow. If the court subsequently determines that oral argument or supplemental briefing is necessary, the parties will be notified. (Zignago, K.)
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Plaintiff: United States of America
Represented By: Kurt Didier, flu(Designation Assistant US Attorney)
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Defendant: Hoda Samuel
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