Free Motion to Dismiss - District Court of Colorado - Colorado

Case 1:03-rj-00027-MEH

Document 10

Filed 02/06/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-00027-J UNITED STATES OF AMERICA, Plaintiff, v. JOHN A. OTTE, Defendant, and EXEMPLA, INC., c/o CSC CORPORATE SERVICE AGENCY, 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 issued 10/20/05 and Order thereon entered 12/23/05, and (2) moves to dismiss the Writ of Garnishment. 1. Judgment was entered herein on April 18, 2002, in the amount of $6,394.32. 2. Plaintiff served the Writ of Garnishment on 11/3/05 on the defendant's employer, Exempla, Inc., CSC Corporate Service Agency (garnishee). The Court entered

Case 1:03-rj-00027-MEH

Document 10

Filed 02/06/2006

Page 2 of 3

a Garnishment Order on 12/23/05. 3. The total amount received pursuant to this garnishment was $-0-. 4. The writ of garnishment should be dismissed because the defendant is no longer employed by Exempla Healthcare as of September 16, 2005. WHEREFORE, Plaintiff requests that the Court dismiss the Writ of Garnishment issued in the above captioned case. Respectfully submitted, WILLIAM J. LEONE United States Attorney Dated: February 6, 2006 S/ Lisa A. Christian LISA A. CHRISTIAN Assistant U. S. Attorney 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: 303-454-0100 Fax: 3030454-0404 Email: [email protected] Attorneys for Plaintiff United States of America

Case 1:03-rj-00027-MEH

Document 10

Filed 02/06/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on February 6, 2006 I electronically filed the foregoing with the Clerk of the Court using the ECF system which will send notification of such filing to the following email addresses: [email protected] In addition, I hereby certify that I have mailed the document to the following non CM/ECF participants: Exempla, Inc. c/o CSC Corporate Service Agency Attn: Amber, Garnishment Dept. 1560 Broadway, Suite 2090 Denver, CO 80202

John A. Otte Unable to locate; has not been served.

s/ Annette Dolce ANNETTE DOLCE Office of the United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 (303) 454-0100