Free Proposed Order - District Court of California - California

Case 3:08-cv-00738-SLM

Document 3

Filed 03/25/2008

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4 Attorney for Plaintiff. United States of America
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT O F CALIFORNIA

UNITED STATES O F AMERICA Plaintiff v.

) NO. CV 08 0738 MAG

Clifford K. Broschinsky aka Cliff Broschinsky, ) ) Defendant.

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The above complaint herein. and the ( defendant having entitled Plaintff havingfiled its entry of this final judgmentabove entitled I consented to the making and without trial, hereby agree as follows:
1. This Court has jurisdiction over the subject matter of this litigation and over the

parties to the Consent Judgment. The Complaint herein statesa claim upon which relief can be granted. The defendant hereby acknowledges and accepts service of the 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 of the United States District 26 Court and consent to have a United States magistrate judge conduct any and all further

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proceedings in the case, including trial, and order the ently of a final judgment. it is

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understood that any appeal from a judgment entered by a magistrate judge will be taken

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Case 3:08-cv-00738-SLM

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Filed 03/25/2008

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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 Broschinsky, in the sum of $38,724.19 consisting of $19,695.20 in principal, $19,028.99 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 $19,695.20 from March 11,2008, 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 US.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. §I961 (b) until paid in full 5. Judgment debtoris currently unable to make payment; at any time the judgment 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 Facilitv 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 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 to evaluate the updated financial data and adjust the periodic payment rate accordingly, orto demand a lump sum payment ifwarranted by the judgment debtor's financial circumstances, subject to Court approval. . . ~. . . , .. . . ~~~. . .~
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Case 3:08-cv-00738-SLM

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Filed 03/25/2008

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6. An Abstract of Judgment shall be recorded with the Recorder's Office of the

:ounty of residence of the judgment debtor; plaintiff may also record or file simila~ locuments elsewhere. 7. Default under the terms of this consent judgment will entitle the United State5
)f 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, ~ n the interest charged will only be calculated to the date of final payment. d
9. In case of default, all costs incurred in recording, filing, executing, or levying

)n, satisfying, or otherwise servicing this judgment shall be paid by the judgment debtor

Iated: March 11, 2008

ENTlN MICHAEL Attorney for Plaintiff, United States of America

lated: March 11, 2008

lated: M a r c h E , 2008

4PPROVED AND SO ORDERED THIS

DAY OF

,2008,

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

UNITED STATES MAGISTRATE JUDGE

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