USA v. Real Property Located at 162 W. Wade Ave., Tulare, CA, Tulare County, APN: 187-093-009, Including All Appurtenances and Improvements Thereto

Filing 39

STIPULATION and ORDER for Dismissal With Prejudice; Certificate of Reasonable Cause, signed by Chief Judge Anthony W. Ishii on 5/16/11. (Hellings, J)

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BENJAMIN B. WAGNER
United States Attorney
KELLI L. TAYLOR
Assistant United States Attorney
United States Courthouse
501 I Street, Suite 4401
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for Plaintiff the United States of America

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
REAL PROPERTY LOCATED AT 162 W. )
WADE AVENUE, TULARE,
)
CALIFORNIA, TULARE COUNTY, APN: )
187-093-009, INCLUDING ALL
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APPURTENANCES AND
)
IMPROVEMENTS THERETO,
)
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Defendant.
)
_____________________________________)

1:09-CV-00195-AWI-SMS
STIPULATION FOR DISMISSAL WITH
PREJUDICE AND ORDER;
CERTIFICATE OF REASONABLE CAUSE

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It is hereby stipulated by and between plaintiff United States of America, claimant Cecilia

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Flores Arzola (hereafter “Arzola”), and claimant Tulare Realty, Inc., a California corporation

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(hereafter “Tulare Realty”), by and through their respective counsel of record, as follows:

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1.

The pending action shall be dismissed with prejudice pursuant to Rule 41(a)(2) of the

Federal Rules of Civil Procedure.

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2.

The parties are to bear their own costs and attorney fees.

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3.

There was probable cause for the posting of the defendant real property, and for the

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

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STIPULATION FOR DISMISSAL WITH PREJUDICE
AND ORDER; CERTIFICATE OF REASONABLE
CAUSE

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

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Dated: May 11, 2011

BENJAMIN B. WAGNER
United States Attorney

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/s/ Kelli L. Taylor
KELLI L. TAYLOR
Assistant U.S. Attorney

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Dated: May 4, 2011

/s/ Cecilia Flores Arzola
CECILIA FLORES ARZOLA
Claimant, In Pro Per
(Original signature retained by attorney)

Dated: February 28, 2011

/s/ Joseph Lewis Horswill
JOSEPH LEWIS HORSWILL
Attorney for Tulare Realty, Inc.,
a California corporation
(Original signature retained by attorney)

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CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed January

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30, 2009, and the Stipulation for Dismissal With Prejudice filed herewith, the Court enters this

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Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause

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for the posting of the defendant real property, and for the commencement and prosecution of this

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forfeiture action.

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IT IS SO ORDERED.

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Dated:
0m8i78

May 16, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATION FOR DISMISSAL WITH PREJUDICE
AND ORDER; CERTIFICATE OF REASONABLE
CAUSE

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