United States of America v. Real property located at 149 G Street, Lincoln, California, Placer County, APN: 008-266-015-000 et al

Filing 101

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/3/2013 ORDERING 100 the Stipulation is APPROVED in its entirety; the complaint is DISMISSED with prejudice as to Real property located at 2143 Outrigger Drive, El Dorado Hills, CA, El Dorado County, APN: 110-612-05-100; CERTIFICATE OF REASONABLE CAUSE pursuant to 28:2465, that there was reasonable cause for the posting of defendant Outrigger Property; and the commencement and prosecution of this forfeiture action against defendant Outrigger Property; IT IS FURTHER ORDERED that the US shall withdraw its Notice of Lis Pendens.(Reader, L)

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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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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 149 G
STREET, LINCOLN, CALIFORNIA,
PLACER COUNTY, APN: 008-266-015-000,
INCLUDING ALL APPURTENANCES AND
IMPROVEMENTS THERETO, et al.,

2:12-CV-00705-TLN-DAD
STIPULATION AND ORDER FOR
DISMISSAL WITH PREJUDICE OF REAL
PROPERTY LOCATED AT 2143
OUTRIGGER DRIVE, EL DORADO HILLS,
CALIFORNIA; CERTIFICATE OF
REASONABLE CAUSE

Defendants.

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It is hereby stipulated by and between the United States of America and claimants

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Mechanics Bank and Bart Volen, by and through their respective counsel of record (the

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“Stipulation”), as follows:

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1.

The real property located at 2143 Outrigger Drive, El Dorado Hills,

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California, El Dorado County, APN: 110-612-05-100 (“Outrigger Property”) is a named defendant

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in the above entitled action.

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2.

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Mechanics Bank and Bart Volen.

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3.

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The only parties who have filed claims to the Outrigger Property are

The parties to this Stipulation agree that defendant Outrigger Property shall

be dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.

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Stipulation and Order for Dismissal

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4.

Each of the parties to this Stipulation shall bear their own attorneys fees and

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costs that were incurred with respect to the commencement, prosecution and defense of this

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litigation that were specifically applicable to the Outrigger Property.

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5.

For purposes of effectuating this stipulation and dismissal, the parties do not

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contest there was probable cause for the posting of the defendant Outrigger Property, and for the

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commencement and prosecution of this forfeiture action against the defendant Outrigger Property,

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and further agree that the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C.

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§ 2465, with respect to the defendant Outrigger Property only.

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6.

The United States shall withdraw its Notice of Lis Pendens recorded against

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defendant Outrigger Property, and the United States shall execute and record such documents as are

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reasonably necessary to remove the cloud on title caused by the recording of the Lis Pendens

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against defendant Outrigger Property within seven days after the date of entry of this Order.

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7.

This Stipulation applies only to the defendant Outrigger Property and does

not apply to any other defendant properties.

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Dated: May 31, 2013

BENJAMIN B. WAGNER
United States Attorney

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

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Dated: May 30, 2013
/s/ Robert B. Kaplan
ROBERT B. KAPLAN
Attorney for Mechanics Bank
(As authorized via email 5/30/13)

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Dated: May 31, 2013
/s/ Courtney J. Linn
COURTNEY J. LINN
Attorney for Bart Volen
(As authorized via email 5/31/13)

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Stipulation and Order for Dismissal

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ORDER DISMISSING CASE WITH PREJUDICE AGAINST DEFENDANT OUTRIGGER

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PROPERTY AND CERTIFICATE OF REASONABLE CAUSE

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It is hereby ORDERED:

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The Stipulation is approved in its entirety.

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The Complaint is dismissed with prejudice as to the defendant, Outrigger Property.

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And, based upon the allegations set forth in the Complaint for Forfeiture In Rem filed

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March 20, 2012, and the Stipulation for Dismissal With Prejudice filed herewith, it is further
ORDERED that this Court enters a Certificate of Reasonable Cause pursuant to 28

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U.S.C. § 2465, that there was reasonable cause for: (1) the posting of the defendant Outrigger

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Property located at 2143 Outrigger Drive, El Dorado Hills, California, El Dorado County, APN:

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110-612-05-100, and (2) the commencement and prosecution of this forfeiture action against the

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defendant Outrigger Property.

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IT IS FURTHER ORDERED that the United States shall withdraw its Notice of

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Lis Pendens recorded against defendant Outrigger Property, and the United States shall execute and

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record such documents as are reasonably necessary to remove the cloud on title caused by the

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recording of the Lis Pendens against defendant Outrigger Property within seven days after the date

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of entry of this Order.

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DATED: June 3, 2013
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Troy L. Nunley
United States District Judge

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Stipulation and Order for Dismissal