United States of America v. 11880 East Harvard Avenue, Sanger, CA 93657

Filing 55

STIPULATION and ORDER to Withdraw the Claim and Answer of GMAC, INC., With Default Judgment, signed by Senior Judge Oliver W. Wanger on 9/8/11. (Gonzalez, R)

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BENJAMIN B. WAGNER
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for 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,

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Plaintiff,
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v.
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11880 EAST HARVARD AVENUE,
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SANGER, CALIFORNIA, FRESNO
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COUNTY, APN: 309-352-02,
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INCLUDING ALL
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APPURTENANCES AND
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IMPROVEMENTS THERETO,
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APPROXIMATELY $2,770.00 IN U.S. )
CURRENCY, and
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2005 CHEVROLET TRUCK, VIN:
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2GCEC19T051249989, LICENSE:
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7U34478,
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Defendants.
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_____________________________________)

1:09-CV-01004-OWW-GSA
STIPULATION AND ORDER TO
WITHDRAW THE CLAIM AND
ANSWER OF GMAC, INC., WITH
DEFAULT JUDGMENT

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It is hereby stipulated by and between the United States and Claimant
GMAC, Inc. as follows:
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Claimant GMAC, Inc. hereby irrevocably withdraws and releases with

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prejudice the verified claim and answer it filed in this civil forfeiture action, and

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consents to entry of default and default judgment against any interest it may hold

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in the defendant vehicle named as a defendant.
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STIPULATION AND ORDER
TO WITHDRAW THE CLAIM AND ANSWER
OF GMAC, INC., WITH DEFAULT JUDGMENT

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2.

Nothing in this Stipulation shall be construed as an admission of

liability, fault, or wrongdoing by any party.

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3.

Each party shall bear his or its own costs and attorneys fees.

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4.

The parties and their undersigned attorneys agree to execute and

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deliver such other and further documents as may be required to carry out the terms

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of this Stipulation.

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5.

Each person signing this Stipulation warrants and represents that he

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or it possesses full authority to bind the party on whose behalf he or it is signing to

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the terms of the Stipulation.

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6.

Each party warrants and represents that no promises, inducements, or

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other agreements not expressly contained herein have been made; that this

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Stipulation contains the entire agreement between the parties; and that the terms

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of this Stipulation are contractual and not mere recitals. All prior oral

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understandings, agreements, and writings are superseded by this Stipulation and

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are of no force or effect.

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7.

Each party represents that he or it understands the content of this

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Stipulation and enters it voluntarily, and has not been influenced by any person

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acting on behalf of any other party.

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Dated: September 7 , 2011

BENJAMIN B. WAGNER
United States Attorney

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/s/ Alyson A. Berg
ALYSON A. BERG
Assistant United States Attorney

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Dated: September 6, 2011

/s/ Michael Vanlochem
MICHAEL VANLOCHEM
Attorney for Claimant GMAC, Inc.

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(original signature retained by attorney)
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STIPULATION AND ORDER
TO WITHDRAW THE CLAIM AND ANSWER
OF GMAC, INC., WITH DEFAULT JUDGMENT

ORDER

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IT IS HEREBY ORDERED that the claim and answer of GMAC, Inc. are
withdrawn with prejudice, and that a default judgment may be entered against it.

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IT IS SO ORDERED.

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Dated:
September 8, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER
TO WITHDRAW THE CLAIM AND ANSWER
OF GMAC, INC., WITH DEFAULT JUDGMENT