United States of America v. Real Property Located at 57 Nelsier Place, Oroville, California

Filing 32

STIPULATION and ORDER FOR DISMISSAL with prejudice and Order certificate of reasonable cause signed by Senior Judge Lawrence K. Karlton on 6/22/2010. Civil Case Terminated. CASE CLOSED. (Matson, R)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 Attorneys for Plaintiff United States of America IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. REAL PROPERTY LOCATED AT 57 NELSIER PLACE, OROVILLE, CALIFORNIA, BUTTE COUNTY, APN: 078-040-036, (FORMERLY APN: 036-291-079) INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:08-cv-02309 LKK/GGH STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER CERTIFICATE OF REASONABLE CAUSE DATE: N/A TIME: N/A COURTROOM: N/A Plaintiff United States of America, claimant Jess R. Brasier, and claimants Albert and Georgene Brookman, appearing through 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. fees. 1 S T I P U L A T I O N FOR DISMISSAL WITH P R E J U D I C E AND ORDER [PROPOSED]; C E R T I F I C A T E OF REASONABLE CAUSE The parties are to bear their own costs and attorney 1 2 3 4 5 6 7 8 9 10 3. There was probable cause for the posting of the defendant real property, and for the commencement and prosecution of this forfeiture action, and the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465. DATED: June 1, 2010 BENJAMIN B. WAGNER United States Attorney By: /s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney /s/ John H. Feiner JOHN H. FEINER Attorney for claimant Rebecca Gayle Powell /s/ Frederick H. Schill FREDERICK H. SCHILL Attorney for claimants John and Yvonne Stanton (Original signatures retained by Attorney) DATED: June 21, 2010. 11 12 13 DATED: 6/4/2010 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: June 22, 2010. 2 S T I P U L A T I O N FOR DISMISSAL WITH P R E J U D I C E AND ORDER [PROPOSED]; C E R T I F I C A T E OF REASONABLE CAUSE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed September 30, 2008, and the Stipulation for Dismissal With Prejudice filed herewith, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the posting of the defendant real property, and for the commencement and prosecution of this forfeiture action. Dated: June 22, 2010. 3 S T I P U L A T I O N FOR DISMISSAL WITH P R E J U D I C E AND ORDER [PROPOSED]; C E R T I F I C A T E OF REASONABLE CAUSE

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