Text of Proposed Order — USA v. Gaines (Dkt. 28-2, N.D. Ga.)

Summary

The text of a proposed Final Disposition Order on Garnishment as to Property of Garnishee Morgan & Morgan, Document 28-2, stamped Filed 08/24/23, in United States of America v. Andre Lee Gaines, Criminal Action No. 1:21-CR-206-01-JPB, in the United States District Court for the Northern District of Georgia, Atlanta Division. It recites that the garnishee answered that it possessed settlement funds belonging to Gaines valued at $12,812.14, that Gaines received notice and did not request a hearing or claim exemptions. The proposed order would grant the United States' motion and direct the garnishee to liquidate assets and forward $12,812.14 to the clerk. The date and signature lines are blank.

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Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA, 
:  
 
: CRIMINAL ACTION 
 
 
v. 
: 
: 
NO: 1:21-CR-206-01-JPB 
ANDRE LEE GAINES, 
:  
 
Defendant, 
:  
 
 
and 
: 
: 
 
MORGAN & MORGAN, 
:  
 
Garnishee. 
:  
 
FINAL DISPOSITION ORDER ON GARNISHMENT AS TO PROPERTY HELD 
BY GARNISHEE MORGAN & MORGAN 
 
 
 
A Writ of Continuing Garnishment has been duly issued and served upon 
Garnishee Morgan & Morgan (“Garnishee”) and Defendant Andre Lee Gaines 
(“Defendant”).  After receiving the Writ, Garnishee filed an answer stating that at 
the time of service of the Writ, Garnishee had in its possession, certain personal 
property belonging to defendant in the form of settlement funds, valued at 
$12,812.14.  
 
Defendant received notice of the garnishment package, including the Writ 
of Continuing Garnishment, the Application for Writ of Continuing Garnishment, 
the United States’ Notice of Garnishment and Instructions, and the Clerk’s Notice 
Case 1:21-cr-00206-JPB     Document 28-2     Filed 08/24/23     Page 1 of 3

2 
 
of Post-Judgment Writ of Continuing Garnishment on June 6, 2023.  [Doc. 24.].  
This Notice of Garnishment and Instructions informed Defendant of the statutory 
right to request a hearing before this Court to determine exempt property, and the 
statutory right to object to the garnishee’s answer.   
 
The Defendant has not requested a hearing, or claimed any exemptions.  
More than twenty days have passed since receipt of the Garnishee’s Answer by 
the Defendant and the United States.  All prerequisites for entry of a final 
disposition order under 28 U.S.C. § 3205(b)(7) have therefore been met. 
 
 On August 24, 2023, the United States filed a Motion for Entry of Final 
Disposition Order in Garnishment as to Garnishee.  The Defendant has not filed 
any responsive pleading or objection.  
 
IT IS THEREFORE ORDERED that the Motion for Entry of Final Disposition 
Order on Garnishment is GRANTED. 
 
IT IS FURTHER ORDERED that Garnishee shall immediately liquidate (in a 
reasonable and prudent manner for the purpose of maximizing its value) that 
portion of the assets maintained in the accounts identified in the answer filed in 
this proceeding so as to obtain proceeds thereof in the amount of $12,812.14 and 
forward said proceeds to the Clerk of Court for the Northern District of Georgia.  
Case 1:21-cr-00206-JPB     Document 28-2     Filed 08/24/23     Page 2 of 3

3 
 
Payment in the amount of $12,812.14 should be made by certified check or money 
order made payable to the Clerk of Court for the Northern District of Georgia, 2211 
U.S. Courthouse, 75 Ted Turner Drive S.W., Atlanta, Georgia 30303 with reference 
on the negotiable instrument to the case number, 1:21-CR-206-01-JPB.  
 
IT IS FURTHER ORDERED that this order shall constitute the final 
disposition of the Writ of Garnishment issued to Garnishee and upon receipt of 
the funds by the Clerk of Court, the Writ of Garnishment shall be deemed 
complied with and non-continuing. 
SO ORDERED THIS __________ day of August 2023. 
 
 
 
 
UNITED STATES DISTRICT JUDGE 
 
Proposed order submitted by 
 
/s/ Vivieon K. Jones  
 
VIVIEON K. JONES 
ASSISTANT UNITED STATES ATTORNEY 
Georgia Bar No. 143033 
75 Ted Turner Drive, S.W., Ste 600 
Atlanta, GA 30303 
Phone: (404) 581-6350 
vivieon.jones@usdoj.gov 
Case 1:21-cr-00206-JPB     Document 28-2     Filed 08/24/23     Page 3 of 3

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