Free Notice (Other) - District Court of California - California

Case 3:08-cv-00738-SLM

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MICHAEL COSENTINO, SBN 83253 Attorney at Law P.O. Box 129 Alameda, CA 94501 Fax (510) 747-1640 Telephone: (510) 523-4702 Attorney for the Plaintiff, United States of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) ) ) v. ) ) CLIFFORD K. BROSCHINSKY AKA ) CLIFF BROSCHINSKY ) ) Defendant. ) ________________________________) UNITED STATES OF AMERICA, Case No. CV 08 0738 MAG

NOTICE OF ENTRY OF JUDGMENT

TO ALL PARTIES AND THEIR ATTORNEY OF RECORD: NOTICE IS HEREBY GIVEN that judgment in the above-entitled matter has been entered; a copy of the judgment is attached hereto and made a part hereof.

Dated: April 10, 2008

S/S Michael Cosentino Attorney for Plaintiff, United States of America

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1 2 3 4 5 6 7 8 9 10 11 I certify under penalty of perjury that the foregoing is true and correct. 12 Executed on April 10, 2008, in Alameda, California. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ______S/S_________________________ MICHAEL COSENTINO, COUNSEL FOR THE UNITED STATES PROOF OF SERVICE BY MAIL I am a citizen of the United States and a resident of the County of Alameda, I am over the age of eighteen and not a party to the within above-entitled action; my business address is P.O. Box 129, Alameda, California, 94501. On April 10, 2008, I served the NOTICE OF ENTRY OF JUDGMENT on the parties in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully pre-paid, in the United States Post Office Box in Alameda, California, addressed as follows: DAVID I. KATZEN ATTORNEY AT LAW 1981 N. Broadway, Suite #340 Walnut Creek, CA 94596-8218

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MICHAEL COSENTINO, SEN 83253 ATTORNEY AT LAW P.O. Box 129 Alarneda. CA 94501 Telephone. (510) 523-4702

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

UNITED STATES OF AMERICA Plaintiff,

) NO. CV 08 0738 MAG )

) ) CONSENT JUDGMENT
)

Clifford K. Broschinsky aka Cliff Broschinsky, Defendant.

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The above entitled Plaintiff havingfjled its complaint herein, and the above entitled
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18 defendant having consented to the making and entry of this f~nal judgment without trial,
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hereby agree as follows: 1. This Court has jurisdiction over the subject matter of this litigation and over the

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21 parties to the Consent Judgment. The Complaint herein statesa claim upon which relief

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The defendant hereby acknowledges and accepts service of the

complaint filed herein.
2. In accordance w~th provisions of Title 28 U.S.C. Section 636(c) the parties the

hereby voluntarily waive their rights to proceed before a judge of the United States District Court and consent to have a United States magistrate judge conduct any and all further proceedings in the case, including trral, 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

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directly to the Ninth Circuit of the United States Court ofAppeals 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, Clifford K Broschinsky aka Cliff Brosch~nsky,in the sum of $38,724.19 consisting of $19.695.20 in principal. $1 9.028.99 interest to March 11. 2008, CIF costs of $0.00, court costs of $0.00 and attorney's fees of $0.00. plus interest at the rate of 8.000% per annum ($4.31 per day) on principal in the amount of $19,695.20from March 11,2008, up to the date of entry of the within Consent Judgment, less any sums tendered
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4. This consent judgment shall bear interest pursuant to the provisions of 28

11 U.S.C §1961(a) at the legal rate per annum from the date of entry of judgment, which
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interest will be compounded annually pursuant to the provisions of 28 U.S.C. §1961(b)

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unable to make payment; atany time the iudgment 5. Judqment debtor~scurrently debtor may 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 until the account is paid in full. (a) Each said payment shall be applied first to the payment of interest accrued to
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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 unpaid; and (c) Plaintiff reserves the right toevaluate the updated financial data and adjustthe periodicpayment rate accordingly, orto demand a lump sum payment ifwarranted by the judgment debtor's financial circumstances, subject to Court approval. ~. ~~~~~.~ ,. . . . . . . . . .~. . . .. ., . . . .. . . -~ . . . ~. .
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6. An Abstract of Judgment shall be recorded with the Recorder's Office of the County of residence of the judgment debtor; plaintiff may also record or file similar documents elsewhere.

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7. Default under the terms of this consent judgment will entitle the United States
of America toexecute 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 on, satisfying, or otherwise servicing this judgment shall be paid by the judgment debtor.

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Dated: March 11, 2008 MICHAE ENTlN Attorney for Plaintiff, United States of America

Dated: March 11, 2008 Broschinsky aka Cliff Broschinsky Dated: M a r c h E , 2008

APPROVED AND SO ORDERED THIS The Clerk of the Court
IS

DAY OF

April

,2008,

DIRECTED to