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

Filing 117

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/18/14: The pending action against only the real property located at 10940 Fair Oaks Boulevard, Fair Oaks, California, shall be dismissed with prejudice . (Kaminski, H) Modified on 12/19/2014 (Kaminski, H).

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4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA 12 13 14 15 16 2:12-CV-00705-TLN-DAD Plaintiff, STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE OF REAL PROPERTY LOCATED AT 10940 FAIR OAKS BOULEVARD, FAIR OAKS, CALIFORNIA; CERTIFICATE OF REASONABLE CAUSE v. REAL PROPERTY LOCATED AT 149 G STREET, LINCOLN, CALIFORNIA, PLACER COUNTY, APN: 008-266-015-000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, et al., 17 Defendants. 18 19 It is hereby stipulated by and between the United States of America and claimants Volen 20 Properties 7, LLC and U.S. Bank National Association, as Trustee for the Registered Holders of WaMu 21 Commercial Mortgage Securities Trust 2007-SL3, Commercial Mortgage Pass-Through Certificates, 22 Series 2007-SL3, by and through their respective counsel of record, as follows: 23 1. The pending action against only the real property located at 10940 Fair Oaks Boulevard, 24 Fair Oaks, California, Sacramento County, APN: 244-0344-013-0000 (“defendant real property”), shall 25 be dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. The 26 effective date of the dismissal shall be the date of the foreclosure sale initiated by U.S. Bank National 27 28 29 30 1 Stipulation and Order for Dismissal 1 1 Association, as Trustee . 2 2. The parties are to bear their own costs and attorney fees. 3 3. The parties agree that the Court’s receiver for the defendant real property, Brandon Scott, 4 shall be discharged effective as of the date of the foreclosure sale (as anytime continued/adjourned). 5 Brandon Scott shall submit his final report within 90 days after the foreclosure sale. 4. 6 There was probable cause for the posting of the defendant real property, and for the 7 commencement and prosecution of this forfeiture action, and the Court may enter a Certificate of 8 Reasonable Cause pursuant to 28 U.S.C. § 2465. 5. 9 The parties agree that, within seven days after entry of this Order, the United States shall 10 send a Notice of Withdrawal of Lis Pendens for the defendant real property to the county recorder. Upon 11 request from U.S. Bank National Association, as Trustee, or its successors or assigns (or any of their 12 respective representatives or agents), the United States shall execute and record additional documents or 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 29 30 1 U.S. Bank National Association, as Trustee, has initiated foreclosure of its mortgage lien pursuant to California law, and the foreclosure sale is set to occur December 15, 2014 (such sale may anytime be continued or adjourned and, if the sale is continued/adjourned, the effective date of the dismissal hereunder shall be the continued/adjourned sale date). 2 Stipulation and Order for Dismissal 1 take such other actions as are necessary to remove any remaining cloud on title caused by the recording 2 of the Notice of Lis Pendens by the United States against the defendant real property. 3 Dated: 12/10/14 BENJAMIN B. WAGNER United States Attorney 4 5 By: 6 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 7 8 Dated: 12/9/14 9 /s/ Wesley Hurst WESLEY HURST Attorney for U.S. Bank National Association 10 11 Dated: 12/8/14 12 /s/ Courtney J. Linn COURTNEY J. LINN Attorney for Volen Properties 7, LLC 13 (Signatures authorized by email) 14 15 16 17 IT IS SO ORDERED. Dated: December 18, 2014 Troy L. Nunley United States District Judge 18 19 20 CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed March 20, 2012, 21 and the Stipulation for Dismissal With Prejudice filed herewith, the Court enters this Certificate of 22 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the posting of the 23 defendant real property located at 10940 Fair Oaks Boulevard, Fair Oaks, California, Sacramento 24 County, APN: 244-0344-013-0000, and for the commencement and prosecution of this forfeiture action. 25 26 DATED: December 18, 2014 27 28 29 30 Troy L. Nunley United States District Judge 3 Stipulation and Order for Dismissal

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