Free Motion for Order - District Court of Colorado - Colorado

Case 1:01-cr-00076-WDM

Document 63

Filed 06/28/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 01-cr-00076-WDM UNITED STATES OF AMERICA, Plaintiff, v. STANLEY H. HERTING, III, Defendant. and WASHINGTON MUTUAL, Garnishee.

MOTION TO DISMISS WRIT OF GARNISHMENT

Plaintiff, United States of America, by its undersigned attorneys, moves this Court for an order to dismiss the writ of garnishment filed on January 22, 2008, against the above-named Defendant. As grounds therefor, Plaintiff states: 1. Judgment was entered herein on November 9, 2001, in the amount of $201,045.94. 2. A Writ of Garnishment was filed on January 22, 2008 against the Defendant's bank, Washington Mutual. 3. The garnishment should be dismissed because the bank has complied with the writ of garnishment by paying to the United States all funds that were in the bank account.

Case 1:01-cr-00076-WDM

Document 63

Filed 06/28/2008

Page 2 of 3

WHEREFORE, Plaintiff requests the Court to dismiss the Writ of Garnishment filed on January 22, 2008 in the above captioned case. Respectfully submitted, TROY A. EID United States Attorney Dated: June 27, 2007 By: s/ Lisa A. Christian LISA A. CHRISTIAN Assistant U. S. Attorney 1225 17th Street, Suite 700 Denver, CO 80202 303-454-0100 Attorneys for Plaintiff United States of America

Case 1:01-cr-00076-WDM

Document 63

Filed 06/28/2008

Page 3 of 3

CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the foregoing Motion to Dismiss Garnishment was placed in the United States mail, postage prepaid, on June 28, 2008, addressed to: WA MU Levy Department Account Services 1 Attn: Lydia Aguilera PO Box 2151 Chatsworth, CA 91313-2151 Stanley H. Herting, III 5018 Beryl Place Antelope, CA 95843

S/ Lisa A. Christian Office of the U.S. Attorney