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

Filing 108

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/20/13 ORDERING the Complaint is dismissed with prejudice as to the defendant Antelope Property. And, based upon the allegations set forth in the Complaint for Forfeiture In Rem filed 3/20/12, 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 U.S.C. § 2465, that there was reasonable cause for: (1) the posting of the d efendant Antelope Property located at 7447 Antelope Road, Citrus Heights, CA, Sacramento County, APN: 204-0202-014-0000, and (2) the commencement and prosecution of this forfeiture action against the defendant Antelope Property. IT IS FURTHER ORDERE D that the United States shall withdraw its Notice of Lis Pendens recorded against defendant Antelope Property, and the United States shall execute and record such documents as are reasonably necessary to remove the cloud on title caused by the recording of the Lis Pendens against defendant Antelope Property within seven days after the date of entry of this Order. (Becknal, R)

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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 7447
ANTELOPE ROAD, CITRUS HEIGHTS,
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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Standard Insurance Company, Liberty Life Assurance Company of Boston, Liberty Mutual Fire

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Insurance Company, Liberty Mutual Insurance Company and Peerless Insurance Company

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(hereinafter collectively, the "Standard Lienholders") and Volen Properties 8, LLC, by and through

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their respective counsel of record (the “Stipulation”), as follows:

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1.

The real property located at 7447 Antelope Road, Citrus Heights, California,

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Sacramento County, APN: 204-0202-014-0000 (“Antelope Property”) is a named defendant in the

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above entitled action.

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2.

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

Standard Lienholders and Volen Properties 8, LLC, through its manager Bart Volen.

Stipulation and Order for Dismissal

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The parties to this Stipulation agree that defendant Antelope Property shall be

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

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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 Antelope 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 Antelope Property, and for the

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commencement and prosecution of this forfeiture action against the defendant Antelope 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 Antelope Property only.

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6.

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

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

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7.

This Stipulation applies only to the defendant Antelope Property and does not

apply to any other defendant properties.

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BENJAMIN B. WAGNER
United States Attorney

Dated: 8/20/13

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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: 8/19/13
/s/ Barry L. Groce _____
BARRY L. GROCE
Attorney for Standard Lienholders

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Dated: 8/12/13
/s/ Courtney J. Linn____
COURTNEY J. LINN
Attorney for Volen Properties 8, LLC

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Signatures authorized by email
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LA 9438619v1

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Stipulation and Order for Dismissal

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ORDER DISMISSING CASE WITH PREJUDICE AGAINST DEFENDANT ANTELOPE

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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 Antelope 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

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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 Antelope

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Property located at 7447 Antelope Road, Citrus Heights, California, Sacramento County, APN:

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204-0202-014-0000, and (2) the commencement and prosecution of this forfeiture action against the

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defendant Antelope 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 Antelope 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 Antelope Property within seven days after the date

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of entry of this Order.

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DATED: August 20, 2013
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Troy L. Nunley
United States District Judge

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LA 9438619v1

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Stipulation and Order for Dismissal