United States District Court, D. Colorado
BOYD N. BOLAND, Magistrate Judge.
Now pending is Defendant Rohit Sethi's Amended Motion to Transfer [Doc. # 113, filed 8/22/2014] (the "Amended Motion to Transfer"), which is DENIED.
The United States commenced this action in February 2008 to collect $1, 310, 000 owing on a defaulted loan. Complaint [Doc. # 1]. A settlement of the action was reached on September 2, 2012. Pursuant to the Stipulated Settlement Agreement [Doc. # 67] filed with the court:
16. Defendant Rohit Sethi, Defendant Charles VanCura, and Defendant James VanCura, jointly and severally, agree to pay the total sum of Five Hundred Twenty-Five Thousand Dollars ($525, 000)(the "Settlement Amount") to Plaintiff United States in full and total satisfaction of the full amount due and owing on principal and interest as alleged in Plaintiff United States' Complaint.
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18. The Settlement Amount shall be paid as follows:
A. The sum of One Hundred Twenty-Five Thousand Dollars ($125, 000) shall be paid on or before September 30, 2010;
B. The sum of Four Hundred Thousand Dollars ($400, 000) shall be paid on or before December 31, 2011....
Id. at ¶¶16, 18. On written notice from a defendant that he is unable to make the $400, 000 payment, the Stipulated Settlement Agreement provides that the United States "shall process and formulate a payment plan... to pay the full amount of the principal due and owing, i.e. One Million Sixty Thousand Dollars ($1, 060, 000) less any amount paid... pursuant to this Stipulated Settlement Agreement." Id. at ¶22. Absent either payment of the Settlement Amount or compliance with the requirement to set up a payment plan, the Stipulated Settlement Agreement provides:
24. In the event that an individual Defendant fails to fully and completely comply with the terms and conditions referred to in paragraphs 18 through 23 of this Stipulated Settlement Agreement, Plaintiff United States, at its discretion, shall file and pursue the Consent Judgment against the individual Defendant who failed to comply with the terms and conditions of this Stipulated Settlement Agreement and to execute on the Consent Judgment against said individual Defendant.
Id. at ¶24.
It is undisputed that the defendants made the initial payment of $125, 000 in September 2012, but they did not make the $400, 000 payment due on or before December 31, 2011, nor did they comply with the requirements to set up a payment plan. Consequently, the United States sought enforcement of the Consent Judgments. Consent Judgments entered against Rohit Sethi and James Bryan VanCura on May 4, 2012 [Doc. ## 76, 77], and against Charles Elroy VanCura on July 31, 2012 [Doc. # 92].
The United States further alleges, and Mr. Sethi does not contend otherwise, that Mr. Sethi "has not made any payments to satisfy the judgment, which he agreed to more than two years ago. All of the payments have come through the Treasury Offset Program, which captures tax refunds or other federal benefits flowing to Sethi." Response [Doc. # 114] at p. 5; Reply [Doc. # 119] at p. 4.
On August 1, 2014, the United States obtained two writs of garnishment, one against Mr. Sethi's own business and the second against his employer. On August 19, 2014, Mr. Sethi filed an initial Motion to Transfer [Doc. # 111], which was denied for failure to comply with the conferral requirements of D.C.COLO.LCivR 7.1(a). Minute ...