United States of America v. Real property located at 15438 Old Toll Road, Camptonville, California, APN: 064-210-041

Filing 29

STIPULATION AND ORDER signed by Judge Frank C. Damrell, Jr on 8/31/11 ORDERING that the default entered herein on March 29, 2011, be set aside, and the responsive pleadings submitted to the court on June 29, 2011, on behalf of real party be filed by the Clerk. (Becknal, R)

1
2
3

Stephen A. Munkelt, SBN 80449
MUNKELT LAW OFFICE
206 Providence Mine Road, Suite 218
Nevada City, CA 95959
Tel: [phone]
Email: [e-mail]

4
5

Attorneys for Gregory McClellan

6
7
8

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

9
10
11
12

UNITED STATES OF AMERICA,
Plaintiff,
v.

14

Real Property located at 15438 Old Toll Road,
Camptonville, CA. Yuba County, APN 064-210041 Including Appurtenances and Improvements,
Defendant,

15

Case No. 2:11-CV-00099-FCD-KJN
STIPULATION AND ORDER TO SET
ASIDE DEFAULT AND PERMIT FILING
OF CLAIM AND ANSWER

GREGORY S. McCLELLAN,
Real Party in Interest.

13

16
17
Plaintiff United States of America and Real Party in Interest Gregory McClellan, by and through

18
19

their attorneys Kevin Khasigian and Stephen A. Munkelt file this stipulation and proposed order to set

20

aside the default entered March 29, 2011, in order to allow the filing of real party’s Claim Opposing

21

Forfeiture and Verified Answer to Complaint lodged with the court as exhibits to the Motion to Set

22

Aside Default on June 29, 2011.
This stipulation is made to allow real party to defend the action on the merits. This stipulation is

23
24

not evidence and is not an admission of any fact by the plaintiff. Nor does this stipulation apply to any

25

related matters before the court.
This Stipulation and Order may be signed in counterparts, and electronic signatures shall be as

26
27

binding as original signatures.

28

///

Stipulation and Order to Set Aside Default

1

1

WHEREFORE Plaintiff United States and real party Gregory McClellan hereby stipulate that

2

the default entered by the clerk on March 29, 2011, be set aside, and the clerk may thereafter file the

3

Claim and Answer submitted to the court by real party on June 29, 2011.

4
5
6

DATED:

/s/
Kevin Khasigian
Attorney for Plaintiff United States of America

DATED:

/s/
Stephen A. Munkelt
Attorney for Real Party in Interest Audrey McClellan

7
8
9
10
11
12

ORDER

13
14

PURSUANT TO THE STIPULATION OF THE PARTIES IT IS ORDERED that the default

15

entered herein on March 29, 2011, be set aside, and the responsive pleadings submitted to the court on

16

June 29, 2011, on behalf of real party be filed by the Clerk.

17
18
19
20

DATED: August 31, 2011
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28

Stipulation and Order to Set Aside Default

2