Case 2:19-cv-00225-GZS Document 30 Filed 05/21/20 Page 1 of 4

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
PURVIS HOME IMPROVEMENT CO., INC.,)
)
Defendant.
)

Case No. 2:19-cv-00225-GZS

JOINT MOTION FOR CONSENT JUDGMENT
AND INSTALLMENT PAYMENT ORDER PURSUANT TO 28 U.S.C. § 3204
NOW COME Plaintiff, the United States of America, and Defendant, Purvis Home
Improvement Co., Inc. (“Purvis Home Improvement”) (collectively, the “Parties”), and by and
through undersigned counsel, hereby move for the entry of Judgment and issuance of an
Installment Payment Order under 28 U.S.C. § 3204 against Purvis Home Improvement as
follows: 1
1.

The Government filed the instant action on May 20, 2019, seeking enforcement

and collection of civil penalties against Purvis Home Improvement arising from administrative
citations issued by the United States Department of Labor, Occupational Safety and Health
Administration. See Am. Compl., ECF No. 5, July 31, 2019; Compl., ECF No. 1, May 20, 2019;
see also 29 U.S.C. § 666(l).
2.

On April 30, 2020, the Government filed a Motion for Summary Judgment, see

ECF No. 29, which is pending before the Court.

1

Microsoft Word versions of the proposed Judgment and Installment Payment Order will be provided to the
Clerk’s Office in electronic format contemporaneously herewith.

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3.

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Purvis Home Improvement wishes to resolve the instant action against it and the

pending Motion for Summary Judgment by consenting to Judgment in favor of the Government
on the Amended Complaint (ECF No. 5, July 31, 2019).
4.

The Parties accordingly move for and agree to entry of Judgment in the amount

of Forty-Five Thousand Dollars ($45,000.00) in full resolution of this action and the pending
Motion for Summary Judgment, with each party to bear its own costs. The Parties jointly request
that the Court enter such Judgment in favor of the Government in the form of the Judgment filed
herewith as Exhibit 1.
5.

In connection with entry of the Judgment, the Parties additionally move for the

Court to issue an Installment Payment Order pursuant to 28 U.S.C. § 3204 scheduling an initial
$3,000 lump sum payment followed by monthly $500 payments over a seven (7) year period to
be made by Purvis Home Improvement.
6.

Purvis Home Improvement is receiving or will receive substantial nonexempt

disposable earnings from self-employment that are not subject to garnishment, see 28 U.S.C. §
3204(a)(1), and consents and agrees to make specified installment payments to the United States
in the amount of $500 per month. There is in effect no writ of garnishment of earnings issued
under the Federal Debt Collection Procedures Act of 1990, Pub. L. 101-647, 28 U.S.C. § 3001 et
seq., concerning the $45,000 debt. 28 U.S.C. § 3204(c)(1). The specified installment payments
sought herein are not sought with respect to any earnings except nonexempt disposable earnings.
28 U.S.C. § 3204(c)(2).
7.

The Parties jointly request that the Court enter such Installment Payment Order in

favor of the Government in the form proposed and filed herewith as Exhibit 2.

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WHEREFORE, the Parties jointly request the entry of Judgment and issuance of an
Installment Payment Order as provided herein.

COUNSEL FOR PLAINTIFF

COUNSEL FOR DEFENDANT

HALSEY B. FRANK
United States Attorney
/s/ Andrew K. Lizotte
Andrew K. Lizotte, AUSA
United States Attorney’s Office
100 Middle Street
Portland, Maine 04101
(207) 771-3246
Andrew.Lizotte@usdoj.gov

/s/ Thomas F. Hallett, Esq.
Thomas F. Hallett, Esq.
HALLETT WHIPPLE WEYRENS
6 City Center, Suite 208
Portland, ME 04101
(207) 464-8044
thallett@hww.law

May 21, 2020

May 21, 2020

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CERTIFICATE OF SERVICE
I hereby certify that on May 21, 2020, I electronically filed the foregoing using the
CM/ECF system, which will send electronic notifications of such filing(s) to all counsel of
record.

HALSEY B. FRANK
United States Attorney

/s/ Andrew K. Lizotte
Andrew K. Lizotte
Assistant U.S. Attorney
100 Middle Street
East Tower, 6th Floor
Portland, ME 04101
(207) 771-3246
Andrew.Lizotte@usdoj.gov

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