United States of America v. Real Property Located at 2810 Tahoe Drive, Merced, Merced County, California, APN: 007-183-011, Including All Appurtenances and Improvements Thereto

Filing 27

ORDER to DISMISS with PREJUDICE; CERTIFICATE OF REASONABLE CAUSE signed by Chief Judge Anthony W. Ishii on 6/8/2010. CASE CLOSED. (Sant Agata, S)

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BENJAMIN B. WAGNER United States Attorney DEANNA L. MARTINEZ Assistant U.S. Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, CA 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) ) REAL PROPERTY LOCATED AT 2810 TAHOE ) DRIVE, MERCED, MERCED COUNTY, ) CALIFORNIA, APN:007-183-011,INCLUDING ) ALL APPURTENANCES AND ) IMPROVEMENTS THERETO, ) ) Defendant. ) )

1:06-CV-00615-AWI-SMS STIPULATION TO DISMISS WITH PREJUDICE AND ORDER THEREON: CERTIFICATE OF REASONABLE CAUSE

Plaintiff United States of America, Claimant Wachovia Mortgage, FSB (hereafter "Wachovia"), and Claimants Pablo O. Perez and Lorena Perez, appearing through their undersigned counsel, hereby agree and stipulate as follows: 1. The pending action shall be dismissed with prejudice pursuant to Rule 41(a)(2) of the

Federal Rules of Civil Procedure. 2. 3. The parties are to bear their own costs and attorney fees. There was probable cause for the posting of the defendant real property captioned above

and for the commencement and prosecution of this forfeiture action, and the Court may enter a /// ///

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STIPULATION TO DISMISS WITH PREJUDICE AND ORDER THEREON; CERTIFICATE OF REASONABLE CAUSE

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Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465.

Dated: June 7, 2010

BENJAMIN B. WAGNER United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney PITE DUNCAN, LLP /s/ Christopher Peterson CHRISTOPHER PETERSON Attorney for Claimant Wachovia Mortgage, FSB

/s/ Richard P. Berman RICHARD P. BERMAN Attorney for Claimants Pablo O. Perez and Lorena Perez (original signature retained by attorney)

CERTIFICATE OF REASONABLE CAUSE 19 Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed May 18, 2006, 20 and the Stipulation For Dismissal With Prejudice filed herewith, the Court enters this Certificate of 21 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for posting of the 22 defendant real property, and for the commencement and prosecution of this forfeiture action. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: 0m8i78 June 8, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATION TO DISMISS WITH PREJUDICE AND ORDER THEREON; CERTIFICATE OF REASONABLE CAUSE