Green Dragon Industries, Inc. v. USA National Title Company et al

Filing 23

ORDER FOR DISMISSAL OF FEDERAL DEFENDANT AND REMAND by Judge Percy Anderson, re Stipulation to Dismiss Party, Stipulation to Remand Case to State Court 22 . This entire action is hereby remanded without the Federal Defendant to the Superior Court of the State of California for the County of San Bernardino for further proceedings, including the entry of a Judgment that is consistent with the terms of this Order and the cancellation of the DEED OF TRUST. Case number CIVDS 1615728. Case Terminated. Made JS-6. (mrgo)

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EILEEN M. DECKER
United States Attorney
DOROTHY A. SCHOUTEN
Assistant United States Attorney
Chief, Civil Division
ROBYN-MARIE LYON MONTELEONE
Assistant United States Attorney
Chief, General Civil Section
MONICA L. MILLER
Assistant United States Attorney
California Bar Number 157695
Federal Building, Suite 7516
300 North Los Angeles Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

JS-6

Attorneys for Federal Defendant
Julian Castro, as Secretary for United States
Department of Housing and Urban Development

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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GREEN DRAGON INDUSTRIES,
INC., a California Corporation,

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Plaintiff,

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v.

CASE NO. EDCV 16-02505 PA (DTB)

19 USA NATIONAL TITLE COMPANY,
a California Corporation; JULIAN
20 CASTRO, in his official capacity as
Secretary of the United States
21 Department of HOUSING AND
URBAN DEVELOPMENT; ALL
22 PERSONS KNOWN OR UNKNOWN
HAVING OR CLAIMING AN
23 INTEREST IN THE PROPERTY AND
DOES 1-20,
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Defendants.
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ORDER FOR DISMISSAL OF
FEDERAL DEFENDANT AND
REMAND

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GREEN DRAGON INDUSTRIES, INC., a California Corporation, and Federal

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Defendant, Julian Castro, in his official capacity as Secretary of the United States

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Department of Housing and Urban Development (HUD), have stipulated that HUD has

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no interest in the real property that is the subject of the action vis-à-vis Plaintiff Green

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Dragon Industries, Inc. and have stipulated to the dismissal of HUD under certain terms

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set forth their stipulation. Accordingly, the Court hereby Orders as follows:

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1.

The property, which is the subject of this action (hereinafter referred to as

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the ("SUBJECT PROPERTY"), is located in the County of San Bernardino with a

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physical address of 30057 Cedar Grove Lane, Highland, California, and is legally

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described as follows:
“Lot 68 of Tract 16003 as shown on file in Map Book 299,
Pages 96-101, inclusive of Maps, Records of San Bernardino
County, California.”

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2.

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rights under a deed of trust recorded in the Official Records of the County of San
Bernardino as Document Number 2015-0193077 (“DEED OF TRUST”).
3.

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4.

assigns upon the property.
5.

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This Order shall not prejudice any other rights of HUD as against any of the

parties to this action.
6.

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This Order shall not to be construed as a release or waiver of any other liens

or interests which may be held by the United States of America, its officers, agencies, or

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The DEED OF TRUST is hereby ordered cancelled and void as an

encumbrance upon the SUBJECT PROPERTY.

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HUD shall have no interest in the SUBJECT PROPERTY and no further

HUD shall not be charged any recording or other fees or expenses in

connection with this Order or any further action taken in the Superior Court of the State
of California.
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7.

Federal Defendant, Julian Castro, in his official capacity as Secretary of the

HUD, is hereby dismissed from this action.
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This entire action is hereby remanded without the Federal Defendant to the

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Superior Court of the State of California for the County of San Bernardino for further

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proceedings, including the entry of a Judgment that is consistent with the terms of this

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Order and the cancellation of the DEED OF TRUST.

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9.

Plaintiff and Federal Defendant shall each bear their own attorney’s fees

and costs of suit.
IT IS SO ORDERED.

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Dated: February 17 , 2017.

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PERCY ANDERSON
UNITED STATES DISTRICT JUDGE

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