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

Filing 38

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 12/19/11 ORDERING that the pending action shall be dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure; the parties are to bear their own costs an d attorney fees. Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed 01/10/11, and the Stipulation for Dismissal With Prejudice, 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. CASE CLOSED (Benson, A.)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for the United States

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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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It is hereby stipulated by and between the United States

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Plaintiff,
v.
REAL PROPERTY LOCATED AT 15438
OLD TOLL ROAD, CAMPTONVILLE,
CALIFORNIA, YUBA COUNTY,
APN: 064-210-041, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO,

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Defendant.

2:11-CV-00099-GEB-KJN
STIPULATION FOR DISMISSAL
WITH PREJUDICE AND ORDER
[PROPOSED]; CERTIFICATE
OF REASONABLE CAUSE

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and Claimants Gregory S. McClellan and Citizens Bank of Northern

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California1, as follows:

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The pending action shall be dismissed with prejudice

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pursuant to Rule 41(a)(2) of the Federal Rules of Civil

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Procedure.

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Citizens Bank of Northern California filed a claim in this
action on February 22, 2011. On September 23, 2011, the
California Department of Financial Institutions closed Citizens
Bank and appointed the Federal Deposit Insurance Corporation as
receiver. The FDIC subsequently entered into a purchase and
assumption agreement with Tri Counties Bank, Chico, California,
to assume all of the deposits of Citizens Bank.
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Stipulation of Dismissal With Prejudice

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2.

The parties are to bear their own costs and attorney

fees.
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There was probable cause for the posting of the

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defendant property, and for the commencement and prosecution

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

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

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DATED: 12/16/11

BENJAMIN B. WAGNER
United States Attorney

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By:

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

Dated: 12/15/11

By:

/s/ Stephen A. Munkelt
STEPHEN A. MUNKELT
Attorney for Claimant
Gregory S. McClellan

Dated: 12/15/11

By:

/s/ Gregory S. McClellan
GREGORY S. MCCLELLAN
Claimant

Dated: 12/14/11

By:

/s/ Bruce A. Emard
BRUCE A. EMARD
Claimant Tri-Counties Bank as
Successor to FDIC as Receiver for
Citizens Bank of Northern
California

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IT IS SO ORDERED.
Dated: December 19, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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Stipulation of Dismissal With Prejudice

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CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint for

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Forfeiture In Rem filed January 10, 2011, and the Stipulation for

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Dismissal With Prejudice filed herewith, the Court enters this

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Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465,

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that there was reasonable cause for the posting of the defendant

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real property, and for the commencement and prosecution of this

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forfeiture action.

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Dated:

December 19, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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Stipulation of Dismissal With Prejudice