Free Proposed Order - District Court of California - California

Case 3:08-cv-03256-SLM

Document 4

Filed 08/14/2008

Page 1 of 3

MICHAEL COSENTINO, SBN 83253 ATORNEY AT LAW P.O. Box 129 Alameda. CA 94501 Telephone: (510) 523-4702 Attorney for Plaintiff, United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA
1

,

) NO. C08-03256 SLM

Plaintiff,

MARY A. RUFUS aka MARY ANN RUFUS, Defendant.

I
j

CONSENT JUDGMENT

The above entitled Plaintiff having filed its complaint herein, and the above entitled defendant having consented to the making and entry of this final judgment without trial, hereby agree as follows:

i

1

1
I

1. This Court has jurisdiction over the subject matter of this litigation and overthe
parties to the Consent Judgment. The Complaint herein states a claim upon which relief can be granted. The defendant hereby acknowledges and accepts service of the

i:

complaint filed herein. 2. In accordance with the provisions of Title 28 U.S.C. Section 636(c) the parties hereby voluntarily waive their rights to proceed before a judge ofthe United States District Court and consent to have a United States magistrate judge conduct any and all further
Consent Judgment; USDC Case Number -CV 08-03256SLM-: U.S. v. RUFUS
71

!

nay& 1

Case 3:08-cv-03256-SLM

Document 4

Filed 08/14/2008

Page 2 of 3

proceedings in the case, including trial, and order the entry of a final judgment. It is understood that any appeal from a judgment entered by a magistrate judge will be taken directly to the Ninth Circuit of the United States Court of Appeals in the same manner as an appeal from any other judgment of a District Court.. 3. Judgment shall be in favor of Plaintiff, United States of America and against defendant, MARY A. RUFUS aka MARY ANN RUFUS, in the sum of $1,502.38 consisting of $837.59 in principal, $489.79 interest to August 7,2008, ClFcosts of $0.00, court costs of $55.00 and attorney's fees of $120.00, plus interest at the rate of 5.00% per annum ($0.1 1 per day) on principal in the amount of $837.59 from August 7,2008, up to the date of entry of the within Consent Judgment, less any sums tendered toward satisfaction of the obligation during said time period. 4. This consent judgment shall bear interest pursuant to the provisions of 28 U.S.C §1961(a) at the legal rate per annum from the date of entry of judgment, which interest will be compounded annually pursuant to the provisions of 28 U.S.C. §1961(b) until paid in full.

1

1

5. On or before October 1, 2008. the judgment debtor will tender to the United
States of America, a check payable to the U.S. Department of Justice mailed to, U. S. Department of Justice Nationwide Central Intake Facility P. 0. Box 70932 Charlotte, NC 28272-0932 in the amount of $65.00; thereafter judgment debtor will tender $65.00 on or before the first day of each succeeding month until the account is paid in full. (a) Each said payment shall be applied first to the payment of interest accrued to the date of receipt of said payment, and the balance, if any, to the principal; (b) The judgment debtor shall submit financial data to the plaintiff as specified by plaintiff on the anniversary date of this judgment for each year this judgment remains
:I

+
I

Consent Judgment; USDC Case Number -CV 08-03256 SLM-;

U.S. v. RUFUS

nay&2

I

Case 3:08-cv-03256-SLM

Document 4

Filed 08/14/2008

Page 3 of 3

1 unpaid; and

2

(c) Plaintiff reserves the right to evaluate the updated financ~al data and adjustthe periodic payment rate accordingly, orto demand a lump sum payment if warranted by the judgment debtor's financial circumstances, subject to Court approval.
6. An Abstract of Judgment shall be recorded with the Recorder's Office of the

3
4 5
6

County of residence of the judgment debtor; plaintiff may also record or file similar documents elsewhere. 7. Default under the terms of this consent judgment will entitle the United States of America to execute on this judgment without notice to the judgment debtor. 8. The judgment debtor has the right of prepayment of this debt without penalty, and the interest charged will only be calculated to the date of final payment.
9. In case of default, all costs incurred in recording, filing, executing, or levying

7

8
9 10
1 1
12

13

on, satisfying, or otherwise servicing this judgment shall be paid by the judgment debtor.

14

15

16
17

Dated: August 7, 2008 Attorney for Plaintiff, United States of America I have read the foregoing, I understand and agree to the terms, and I

18 19

sign this agreement as a free and voluntary act.
20

21

Dated:
22

US

23
24

APPROVED AND SO ORDERED THIS DAY OF
25

,2007,

The Clerk of the Court is DIRECTED to close the file in the action.
26
27

t

/.
I

28

U Consent Judgment: USDC Case Number -CV 08-03256SLM-;

p
U.S. v. RUFUS

nay~ 3

> ;I