Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:03-rj-00032-MJW

Document 10

Filed 12/06/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-J-32 UNITED STATES OF AMERICA, Plaintiff, v. ROBERT D. BERNHARDT, Defendant, and PETSMART, INC., Garnishee.

PLAINTIFF'S ACCOUNTING AND MOTION TO DISMISS WRIT OF GARNISHMENT

Pursuant to 28 U.S.C. § 3205(c)(9)(B), Federal Debt Collection Procedures Act of 1990, Plaintiff, United States of America, hereby (1) submits its cumulative accounting of all property (wages) received by Plaintiff under the Writ of Continuing Garnishment filed March 16, 2004, and Order thereon entered April 12, 2004, and (2) moves to dismiss the Writ of Garnishment. 1. Judgment was entered herein on October 9, 2003, in the amount of $134,201.13. 2. Plaintiff filed a Writ of Garnishment on March 16, 2004, against the Defendant's place of employment, Petsmart, Inc. The Court entered a Garnishment Order on April 12, 2004.

Case 1:03-rj-00032-MJW

Document 10

Filed 12/06/2005

Page 2 of 3

3. The total amount received pursuant to this garnishment was $12,498.80. 4. The garnishment should be dismissed because a compromise agreement was reached between the defendant and the United States, and the compromised amount was paid in full. WHEREFORE, Plaintiff requests that the Court dismiss the Writ of Garnishment filed on March 16, 2004, in the above captioned case. Respectfully submitted, WILLIAM J. LEONE United States Attorney

s/ Lisa A. Christian LISA A. CHRISTIAN Assistant U. S. Attorney 1225 17th Street, Suite 700 Denver, CO 80202 303-454-0100 Fax: (303) 454-0404 [email protected] Attorneys for Plaintiff United States of America

Case 1:03-rj-00032-MJW

Document 10

Filed 12/06/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on December 6, 2005, I electronically filed the foregoing with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses: [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner indicated by the nonparticipant's name: By mail, postage prepaid: Mr. William W. Hughes 5754 West 11th Street, Suite 101 Greeley, CO 80634 Petsmart, Inc. Attention: Regina Tweed Payroll Department 19601 North 27th Avenue Phoenix, AZ 85207

s/ Annette Dolce Office of the U.S. Attorney 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Phone: 303-454-0100 Fax: 303-454-0404