Order Granting Defendant's Motion for Transfer of Jurisdiction — United States v. White (E.D. Cal., Dkt. 3)

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Document 3, filed October 15, 2024, in Case 2:21-cr-00048-WBS in the Eastern District of California, containing papers from United States v. Shawn Ann White, Criminal No. 1:15-cr-00055-LG-RHW-003, in the U.S. District Court for the Southern District of Mississippi. The first paper is an order granting the defendant's motion for transfer of jurisdiction of the government's garnishment proceedings to the Eastern District of California, Sacramento Division, with the rest of the claim for exemptions taken under advisement. The papers also include an application for a writ of garnishment directed to Western Dental Services, Inc., stating an outstanding balance of $83,532.75 as of September 11, 2024, the writ, the government's response, a clerk's notice of exemptions and a notice of service.

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Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 1 Fl L E D soar

IN THE UNITED STATES DISTRICT COURT |
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI OCT 15 2024
SOUTHERN DIVISION [773

CLERK, U.S. DISTRIC
EASTERN DISTRICT OF C

v. | CAUSE NO. 1:15CR55-LG-RHW-3
SHAWN ANN WHITE CAED No 2+2)-cr-CO4e

WES
ORDER GRANTING DEFENDANT’S MOTION
FOR TRANSFER OF JURISDICTION

BEFORE THE COURT is the [339] Claim for Exemptions and Request for
Hearing and/or Transfer filed by Defendant Shawn Ann White in this case in which
the Government seeks garnishment of White’s wages. The Government has filed a
response in which it joins in White’s request for a transfer of jurisdiction of its
Application for Writ of Garnishment to the Eastern District of California,
Sacramento Division. After reviewing the submissions of the parties, the record in
this matter, and the appliable law, the Court finds that White’s [3839] Claim for
Exemptions and Request for Hearing and/or Transfer should be granted to the
extent that she requests transfer of jurisdiction of the garnishment proceedings.
The remainder of the relief requested in White’s [339] Claim for Exemptions and
Request for Hearing and/or Transfer is taken under advisement so that it can be
considered after transfer to the appropriate court.

IT IS THEREFORE ORDERED AND ADJUDGED that the [839] Motion
for Transfer of Jurisdiction is GRANTED. The Clerk of Court is directed to
TRANSFER the Government’s [335] Application for Writ of Garnishment, the [336] |

Writ of Garnishment, the [337] Clerk’s Notice, the [338] Notice of Service to
Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 2 of 16

Potential Party-in-Interest, the [339] Claim for Exemptions and Request for
Hearing and/or Transfer, and the [840] Response to the Eastern District of
California, Sacramento Division.

IT IS FURTHER ORDERED AND ADJUDGED that the remainder of the
relief requested in the [339] Claim for Exemptions and Request for Hearing and/or
Transfer filed by Defendant Shawn White is TAKEN UNDER ADVISEMENT so
that it can be considered following transfer.

SO ORDERED AND ADJUDGED this the 8‘ day of October, 2024.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

A TRUE COPY, I HEREBY CERTIFY

ARTHUR JOHNSTON, CLERK
UNITED STATES DISTRICT COURT

a il OF MISSISSIPPI
By: : , Deputy Clerk

V
Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 3 of 16

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

SOUTHERN DIVISION
UNITED STATES OF AMERICA Plaintiff
v. Criminal No. 1:15-cr-00055-LG-RHW-003
SHAWN ANN WHITE Defendant
and
WESTERN DENTAL SERVICES, INC. Garnishee
530 South Main St.

Orange, CA 92868
APPLICATION FOR WRIT OF GARNISHMENT
Plaintiff United States of America applies under the Mandatory Victims Restitution Act
(18 U.S.C. § 3663A), 18 U.S.C. § 3613, and 28 U.S.C. § 3205 of the Federal Debt Collection
Procedures Act (FDCPA) for issuance of a Writ of Garnishment for substantial nonexempt
property belonging to or due Defendant-Judgment Debtor SHAWN ANN WHITE, as follows:
1. This Court entered judgment against Defendant-Judgment Debtor Shawn Ann

White on September 6, 2016 [276] and the outstanding balance as of September 11, 2024, was:

$90,747.51 Judgment amount
$7,214.76 Credits applied to judgment amount
$83,532.75 Debt balance

2. Pursuant to 18 U.S.C. § 3613(c), upon entry of judgment, a lien arose against all
Defendant-Judgment Debtor’s property and rights to property.
3. The Defendant-Judgment Debtor’s full name is Shawn Ann White, her, Social

Security Number is ***-**-8252, and last known address is: Manteca, CA.! More than 30 days

‘Pursuant to Rule 49.1 of the Federal Rules of Criminal Procedure, the defendant-judgment debtor’s Social
Security Number has been redacted to the last four digits and the home address has been redacted to the city and
state to prevent public disclosure. Fed. R. Crim. P. 49.1. Upon request of the Court, the full Social Security Number
and address will be provided in camera.
4

Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 4 of 16

have elapsed since demand for payment of the debt was made, and Defendant-Judgment Debtor
Shawn Ann White has not paid the amount due.

4. To enforce the judgment entered against Defendant-Judgment Debtor in this
matter, the United States requests that a Writ of Garnishment be issued for service upon the
following garnishee:

WESTERN DENTAL SERVICES, INC.
530 South Main St.
Orange, CA 92868

5. The United States believes the Garnishee and its affiliates, successors, or assigns
to be in possession, custody, or control of substantial nonexempt property belonging to or due
Defendant-Judgment Debtor, including but not limited to any checking or savings accounts,
contents of safe deposit boxes, cash value of any and all insurance policies, retirement funds,
securities, investments, stocks, bonds, LLC membership units/interests, mutual funds, certificates
of deposit, pension funds or 401(k) accounts, future distributions, buyout funds, nonexempt
retirement accounts, and/or disposable earnings.

6. After the Garnishee has been served, pursuant to 28 U.S.C. § 3202(c), the United
States will serve Defendant-Judgment Debtor Shawn Ann White and each person whom the United
States has reasonable cause to believe has an interest in the property subject to the Writ of
Garnishment.

The United States of America requests that the Clerk of Court issue a Writ of
Garnishment as to Garnishee, in accordance with the Federal Debt Collection Procedures Act,

including 28 U.S.C. § 3205.

Dates this the 11 of September 2024.
. Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 5 of 16

Respectfully submitted,

TODD W. GEE
United States Attorney

BY: CLAY B. BALDWIN (MSB 103478)
Assistant United States Attorney
501 East Court Street, Suite 4.430
Jackson, MS 39201
Telephone: (601) 965-4480
Fax: (601) 965-5042
Email: clay.baldwin@usdoj.gov

A TRUE CQPY, I HEREBY CERTIFY

ARTHUR JOHNSTON, CLERK
UNITED STATES DISTRICT COURT

By: : , Deputy Clerk
Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 6 of 16

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

SOUTHERN DIVISION
UNITED STATES OF AMERICA Plaintiff
v. Criminal No. 1:15-cr-00055-LG-RHW-003
SHAWN ANN WHITE Defendant
and
WESTERN DENTAL SERVICES, INC. Garnishee
530 South Main St.

Orange, CA 92868

WRIT OF GARNISHMENT

TO: WESTERN DENTAL SERVICES, INC.
530 South Main St.
Orange, CA 92868

An application for Writ of Garnishment seeking property belonging to or due Defendant-
Judgment Debtor Shawn Ann White was filed with this Court to enforce a judgment for the
United States in this matter. As of September 11, 2024, the outstanding balance is $83,532.75.

Pending further order of this Court, you shall withhold and retain all property in which
Defendant-Judgment Debtor Shawn Ann White has a substantial nonexempt interest and for
which you are or may become indebted to Defendant-Judgment Debtor Shawn Ann White,
including but not limited to any checking or savings accounts, contents of safe deposit boxes,
cash value of any and all insurance policies, retirement funds, securities, investments, stocks,
bonds, LLC membership units/interests, mutual funds, certificates of deposit, pension funds, or

401(k) accounts, future distributions, buyout funds, retirement accounts, and earnings.! See 28

' «Farnings” means compensation paid or payable for personal services, whether denominated as
wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or
retirement program. See 15 U.S.C. § 1672; 28 U.S.C. § 3002(6). “Disposable earnings” means that part
v

Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 7 of 16

U.S.C. § 3205(c)(2)(F).

Property that is exempt and that is not subject to this Writ is listed in the enclosed Clerk’s
Notice of Exemptions and Request for Hearing and/or Transfer which was served upon the
Defendant. Do not deliver any property to the United States District Clerk of Court at this

time. Instead, withhold and retain the property until the court orders its distribution and/or

terminates this action. /d.

As Garnishee, you are required by law to file an Answer within ten (10) days of your

receipt of this Writ. See 28 U.S.C. § 3205(c)(2)(E). Your written Answer must be filed under
oath, informing the Court of all required information pursuant to 28 U.S.C. § 3205(c)(4). This
includes any “property or rights to property” you hold or may hold in the future pertaining to
Defendant-Judgment Debtor Shawn Ann White in any way. See 18 U.S.C. § 3613(a).

If you are represented by counsel, who is an electronic case files (ECF) system user in the
Southern District of Mississippi, your attorney may file your Answer electronically in ECF.
Otherwise, pursuant to 28 U.S.C. § 3205(c)(4), please mail or deliver the original answer to the
United States Clerk of Court, United States District Court, 2012 15" Street, Suite 403, Gulfport,
MS 39501.. Additionally, you are required by law to serve a copy of your Answer to this Writ
upon Defendant-Judgment Debtor Shawn Ann White at her address: REDACTED, Manteca, CA
95336., and a copy to Financial Litigation Program, United States Attorney’s Office, 501 E.
Court Street, Suite 4.430, Jackson, MS 39201. Id.

A sample Answer of the Garnishee is enclosed for your convenience. You may use this
form as your Answer, but you are not obligated to do so. Please ensure that all information

required by federal law is included in your Answer. See 28 U.S.C. § 3205(c)(4).

of earnings remaining after all deductions required by law have been withheld.” JId.; 28 U.S.C. § 3002(5).
“Nonexempt disposable earnings” means 25% of disposable earnings. See 28 U.S.C. § 3002(9).
Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 8 of 16

If you fail to answer this Writ or withhold property in accordance with this Writ, the
United States may petition this Court for an order requiring you to appear before this Court to
answer this Writ and withhold property before the appearance date. See 28 U.S.C. § 3205(c)(6).
If you fail to answer, or appear and fail to show good cause why you failed to comply with this
Writ, the Court may enter a judgment against you for the value of the substantial nonexempt

property that should have been withheld and/or award reasonable attorneys’ fees to the United

States. Id.
09/11/2024 (FATT . Deputy Clerk
DATE HONORABLE ARTHUR S. JOHNSTON III

UNITED STATES CLERK OF COURT
SOUTHERN DISTRICT OF MISSISSIPPI
Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 9 of 16

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

SOUTHERN DIVISION
UNITED STATES OF AMERICA PLAINTIFF
v. CAUSE NO.: 1:15-CR-055-LG-RHW-3
SHAWN ANN WHITE DEFENDANT
and
WESTERN DENTAL SERVICES, INC. GARNISHEE

RESPONSE IN SUPPORT OF DEFENDANT’S
MOTION FOR TRANSFER OF JURISDICTION [339]

COMES NOW, the United States of America, by and through the United States Attorney
for the Southern District of Mississippi and the undersigned Assistant United States Attorney,
and files its Response in Support of Defendant’s Motion for Transfer of Jurisdiction [339], and in
support the Government states as follows:

On or about February 2, 2017, this Court entered an Amended Judgment ordering the
Defendant to pay $90,647.51 in restitution. In March 2021, supervised release of the Defendant
was transferred to the Eastern District of California, Sacramento Division. The criminal debts
imposed typically remain, by policy, with the jurisdiction imposing criminal monetary penalties
even when supervised release is transferred. On or about September 11, 2024, the United States
filed an application for a writ of garnishment as to Defendant Debtor Shawn Ann White
addressed to Western Dental Services, Inc. as the Garnishee. See ECF No. 335. The same day,
the Defendant was served with the Writ of Garnishment [336] and Clerk’s Notice [337]. See
Notice of Service, ECF No. 338. On October 3, 2024, the Defendant filed a Motion pursuant to
28 U.S.C. § 3205(c)(5) objecting to the Answer of the Garnishee, and also requesting a transfer

of jurisdiction in the action to a court near her place of residence in Manteca, California. The
Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 10 of 16

Answer of the Garnishee has not yet been filed, so the Defendant cannot be objecting to the
Answer. The Defendant appears to be impermissibly objecting to the Writ of Garnishment
generally. However, the Defendant has included in her filing evidence of her domicile in
Manteca, California, which is in the Eastern District of California, Sacramento Division.

Title 28, United States Code, Section 3202(b), prescribes that part of the required notice
to a defendant include the option to have the collection action transferred to the district court in
which the defendant resides if the defendant lives outside of the initiating jurisdiction.
Therefore, the Government supports the Defendant’s request to have this issue transferred to a
Federal District Court near her residence, specifically the Eastern District of California,
Sacramento Division.

WHEREFORE, the United States of America respectfully requests that this Court
GRANT the Defendant’s Motion for Transfer of Jurisdiction [339].

Respectfully submitted this the 3rd day of October 2024.

UNITED STATES OF AMERICA

TODD W. GEE
United States Attorney

By: CLAY B. BALDWIN (MSB 103478)
Assistant United States Attorney
501 East Court Street, Suite 4.430
Jackson, Mississippi 39201
Telephone:(601) 965-4480
Fax: (601) 965-5042
Email: Clay.Baldwin@usdoj.gov

A TRUE COPY, I HEREBY CERTIFY

ARTHUR JOHNSTON, CLERK
UNITED STATES DISTRICT COURT

tt OF MISSISSIPPI
By: : , Deputy Clerk
Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 11 of 16

CERTIFICATE OF SERVICE

I, Clay B. Baldwin, Assistant United States Attorney, do hereby certify that a true and
correct copy of the above and foregoing document was filed electronically in the ECF system to
all counsel of record, and by first class mail, postage prepaid, to:

Shawn Ann White
[Address Redacted]

Western Dental Services, Inc.
530 South Main St
Orange, CA 92868

October 3, 2024 s/ Clay B. Baldwin
CLAY B. BALDWIN
Assistant United States Attorney
Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 12 of 16

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

SOUTHERN DIVISION
UNITED STATES OF AMERICA Plaintiff
v. Criminal No. 1:15-cr-00055-LG-RHW-003
SHAWN ANN WHITE Defendant
and
WESTERN DENTAL SERVICES, INC. Garnishee

530 South Main St.
Orange, CA 92868

CLERK’S NOTICE OF EXEMPTIONS AND REQUEST FOR HEARING
AND/OR TRANSFER PURSUANT TO COLLECTION IN A CRIMINAL CASE

You, Shawn Ann White, Defendant-Judgment Debtor, are notified, pursuant to 28 U.S.C.
§ 3202, that your property is being sought by the United States of America, which holds a

judgment against you in this matter. As of September 11, 2024, your balance is:

$90,747.51 Judgment amount
$7,214.76 Credits applied to judgment amount
$83,532.75 Debt balance

Exemptions may protect the property from being taken by the United States if you
can show exemptions apply. Below is a summary of exemptions that apply to the enforcement of
judgments for criminal fines and restitution under 18 U.S.C. § 3613):

1. Wearing apparel and school books. 26 U.S.C. § 6334(a)(1).

2. Fuel, provisions, furniture, and personal effects that do not exceed $11,390.00.
26 U.S.C. § 6334(a)(2) and (g).

' Exemptions updated 1/2/2024. Please note that an exemption does not apply to funds that you
may use to purchase, for example, “wearing apparel and school books” under 26 U.S.C. § 6334(a)(1), but
the exemption would apply if the property sought by the government and/or held by a garnishee is
actually wearing apparel (i.e. clothes) and school books.
Case 2:21-cr-00048-WBS ‘Document 3 Filed 10/15/24 Page 13 of 16
3. Books and tools of a trade, business, or profession that do not exceed $5,700.00.
26 U.S.C. § 6334(a)(3) and (g).
4. Unemployment benefits. 26 U.S.C. § 6334(a)(4).
5. Undelivered mail. 26 U:S.C. § 6334(a)(5).
6. Certain annuity and pension payments. —Annuity or pension payments under the
Railroad Retirement Act, benefits under the Railroad Unemployment Insurance
Act, special pension payments received by a person whose name has been entered
on the Army, Navy, Air Force, and Coast Guard Medal of Honor roll (38 U.S.C. §
1562), and annuities based on retired or retainer pay under Chapter 73 of Title 10
of United States Code. 26 U.S.C. § 6334(a)(6).

7. Workmen’s compensation. 26 U.S.C. § 6334(a)(7).

8. Judgments for support of minor children, pursuant to a court judgment entered
prior to the date of levy, to contribute to the support of defendant’s minor
children. 26 U.S.C. § 6334(a)(8). .

9. Certain service-connected disability payments. 26 U.S.C. § 6334(a)(10).

10. Assistance under Job Training Partnership Act. 26 U.S.C. § 6334(a)(12).

You have a right to ask the court to return your property if you think the property the
United States seeks qualifies under one of the above exemptions; or if your debt was imposed by
default judgment and you can show that you do not owe the debt to the United States.

If you are requesting a hearing under the provisions of 28 U.S.C. § 3202(d), you must
notify the court within twenty (20) days of this notice. Objections and requests for a hearing
under Section 3202(d) are limited to the probable validity of any claim of exemption; the
government’s compliance with the applicable statutes; and issues involving default judgments, if
applicable to your case. See generally 28 U.S.C. § 3202(d).

If the current action is a garnishment action under 28 U.S.C. § 3205, you may also object

to the answer of the garnishee pursuant to 28 U.S.C. § 3205(c). You must notify the court within

twenty (20) days after the answer is filed by the garnishee (the garnishee is required to mail you
Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 14 of 16

a copy of the answer), and you should limit your objection to the contents of the answer filed by
the garnishee if your request is filed under that provision.

Please indicate within your objection and request for hearing which statute you are using
to file your objection and request for hearing, either 28 U.S.C. § 3202(d) or 28 U.S.C. § 3205(c)
(if applicable), and the reasons for your objection. You may file an objection and request for
hearing using either or both statutes as appropriate. Keep in mind the specific time limitations
imposed by the statute as explained above. Your request must be in writing and filed with the
Court within the time allowed under the statute. You may use the attached form to object and
request the hearing, but you are not required to use the form. Your claim of exemption and
request for hearing should state your reasons for your objection, and the basis or
information you will use to show the probable validity of such claim.

If you think you live outside the federal judicial district where this Court is located, you

may request, but are not obligated to request, that this proceeding be transferred by this Court to

the federal judicial district where you reside. Such request must be made within twenty (20)

days of this notice. You must make your request in writing and file it with the Court and include

information showing your domicile to be outside the Southern District of Mississippi. You may
use the attached form to request the transfer, but you are not required to use the form.

If you are represented by counsel, who is an electronic case files (ECF) system user in the
Southern District of Mississippi, your attorney may file your claim for exemptions and request
for hearing and/or transfer electronically in ECF. Otherwise, mail or deliver the original to the
United States Clerk of Court 2012 15" Street, Suite 4.03, Gulfport, MS 39501. You must also
mail a copy to the Financial Litigation Program, United States Attorney’s Office, 501 East Court

Street, Suite 4.430, Jackson, MS 39201. In a garnishment proceeding, you must also mail a
Case 2:21-cr-00048-WBS Document 3 Filed 10/15/24 Page 15 of 16

copy of your objection and request for hearing to the garnishee.

If you are entitled to a hearing in a garnishment action, the hearing will take place within
ten (10) days after the Clerk of the Court receives your request, or as soon as practicable
thereafter. In other actions, the hearing can be set within five (5) days of receipt of your request,
or as soon as practicable thereafter. The court will issue an order advising you of the time, place,
and date of any hearing scheduled.

At the hearing, you will have the burden to show the court why you believe the property
the United States seeks is exempt based on the exemptions listed above. If your debt was
imposed by default judgment, you will have the burden to prove you do not owe the debt to the
United States. If you do not request a hearing, the statute calls for the court to promptly issue an
order for your nonexempt property held by the garnishee to be delivered to the United States and
applied to the debt you owe.

Certain terms applicable to these proceedings, such as “garnishee,” “earnings,”
“nonexempt disposable earnings,” etc., and respective definitions may be found at 28 U.S.C. §
3002.

Be sure to keep a copy of this notice for your records. If you have any questions about
your rights or this procedure, you should contact a lawyer or an office of public legal assistance.

The Clerk of the Court is not permitted to give legal advice but may refer you to other sources of

information.
09/11/2024 (iatowgt. Deputy Clerk
DATE HONORABLE ARTHUR S. JOHNSTON III

UNITED STATES CLERK OF COURT
SOUTHERN DISTRICT OF MISSISSIPPI
Case 2:21-cr-00048-WBS Document3 Filed 10/15/24 Page 16 of 16

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

SOUTHERN DIVISION
UNITED STATES OF AMERICA Plaintiff
v. Criminal No. 1:15-cr-00055-LG-RHW-003
SHAWN ANN WHITE Defendant
and
WESTERN DENTAL SERVICES, INC. Garnishee
530 South Main St.

Orange, CA 92868
NOTICE OF SERVICE TO POTENTIAL PARTY-IN-INTEREST
I hereby certify that, on September 11, 2024, the United States of America sent via United
States Certified Mail to the usual postal mailing address of Defendant SHAWN ANN WHITE and
via Federal Express overnight delivery to WESTERN DENTAL SERVICES, INC., 530 South
Main St., Orange, CA 92868, a copy of the following:
1. Writ of Garnishment to WESTERN DENTAL SERVICES, INC.; and

2. Clerk’s Notice of Exemptions and Request for Hearing and/or Transfer Pursuant
to Collection in a Criminal Case to WESTERN DENTAL SERVICES, INC..

Respectfully submitted this the 11" day of September 2024.

TODD W. GEE
United States Attorney

By: s/Clay B. Baldwin
CLAY B. BALDWIN (MSB 103478)
Assistant United States Attorney
501 East Court Street, Suite 4.430
A TRUE COPY, I HEREBY CERTIFY Jackson, MS 39201
Telephone: (601) 965-4480
Fax: (601) 965-4035
Email: clay.baldwin@usdoj.gov

ARTHUR JOHNSTON, CLERK
UNITED STATES DISTRICT COURT
SOUTHERN, T OF MISSISSIPPI

By: ‘ : Deputy Clerk


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