USA v. Real Property Located at 24545 N. Suttenfield Road, Acampo, CA

Filing 51

STIPULATION and ORDER for Dismissal 50 and Certificate of Reasonable Cause signed by Judge William B. Shubb on 4/6/11. Civil Case Terminated. CASE CLOSED. (Matson, R) Modified on 4/11/2011 (Matson, R).

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BENJAMIN B. WAGNER
United States Attorney
BOBBIE J. MONTOYA
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814-2322
Telephone: [phone]
Attorneys for Plaintiff
United States of America

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IN THE UNITED STATES DISTRICT COURT

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FOR THE 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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REAL PROPERTY LOCATED AT
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24545 N. SUTTENFIELD ROAD,
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ACAMPO, CALIFORNIA,
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SAN JOAQUIN COUNTY,
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APN: 021-042-16, INCLUDING
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ALL APPURTENANCES AND
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IMPROVEMENTS THERETO,
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Defendant.
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____________________________________)

Case No. 2:07-CV-02114 WBS-EFB (TEMP)
STIPULATION FOR DISMISSAL WITH
PREJUDICE AND [proposed] ORDER;
CERTIFICATE OF REASONABLE CAUSE

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Plaintiff United States of America and Claimants William H. Pearce, Kristin Burckard, and

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JP Morgan Chase Bank, N.A. (“Chase”), by and through their respective undersigned counsel,

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hereby agree and STIPULATE as follows:

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1.

41(a)(2) of the Federal Rules of Civil Procedure.

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2.

Within thirty (30) days of the Court signing this stipulation and order, the United

States shall record a withdrawal of lis pendens against the defendant real property.

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The above-captioned action shall be dismissed with prejudice pursuant to Rule

3.

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

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Stipulation for Dismissal with Prejudice and [Proposed]
Order; Certificate of Reasonable Cause

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4.

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

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5.

All parties agree that this stipulation may be signed in counterpart.

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IT IS SO STIPULATED.

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DATED: April 6, 2011

BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ Bobbie J. Montoya
______________________________
BOBBIE J. MONTOYA
Assistant U.S. Attorney

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Attorneys for Plaintiff United States of America
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DATED: March 30, 2011

DANIEL J. BRODERICK
Federal Defender

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By:
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/s/ Timothy Zindel [original signature retained by attorney]
______________________________
TIMOTHY ZINDEL
Assistant Federal Defender

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Attorneys for Claimant William H. Pearce
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/s/ Krista Hart (as authorized on 3/6/11)
______________________________
KRISTA HART
Attorney at Law

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Attorney for Claimant Kristin Burckard

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DATED: April 6, 2011

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DATED: April 4, 2011

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Attorneys for Claimant JP Morgan Chase
Bank, N.A., an acquirer of certain assets
and liabilities of Washington Mutual Bank
from the FDIC acting as receiver

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/s/ Scott J. Stillman [original signature retained by attorney]
______________________________
SCOTT J. STILMAN
Attorney at Law

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Stipulation for Dismissal with Prejudice and [Proposed]
Order; Certificate of Reasonable Cause

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IT IS SO ORDERED.

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DATED: April 6, 2011

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CERTIFICATE OF REASONABLE CAUSE

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Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed October 5,

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2007, 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 for

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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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DATED: April 6, 2011

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Stipulation for Dismissal with Prejudice and [Proposed]
Order; Certificate of Reasonable Cause

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