United States of America v. Real Property located at 6340 Logan Street, Sacramento, California et al

Filing 29

ORDER signed by District Judge Kimberly J. Mueller on 12/12/2016 ORDERING that the Clerk's Certificate of Entry of Default against claimants Leonard Yang, Chui Qiang Liu, and Xiahua Ouyang is SET ASIDE. (Reader, L)

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PHILLIP A. TALBERT
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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2:16−CV−02259−KJM−CKD

Plaintiff,

STIPULATION AND ORDER TO SET
ASIDE CLERK’S DEFAULTS AGAINST
LEONARD YANG (aka LEONARD VANG),
CHUI QIANG LIU, AND XIAHUA
OUYANG

v.
REAL PROPERTY LOCATED AT 6340
LOGAN STREET, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 038-0251-017-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,
REAL PROPERTY LOCATED AT 1735
ITASCA AVENUE, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 225-1080-022-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,
REAL PROPERTY LOCATED AT 9501
JEFFCOTT ROAD, WILTON, CALIFORNIA,
SACRAMENTO COUNTY, APN: 136-0060060-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,
REAL PROPERTY LOCATED AT 7918 and
7920 68TH AVENUE, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 051-0354-011-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,

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Stipulation and Order to
Set Aside Clerk’s Default

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REAL PROPERTY LOCATED AT 6945
NOVA PARKWAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 042-0091-001-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO, and
REAL PROPERTY LOCATED AT 8982
ELDER CREEK ROAD, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 064-0033-031-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,

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Defendants.

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It is hereby stipulated by and between the United States and claimants Leonard Yang (“Yang”),

11 Chui Qiang Liu (“Liu”), and Xiahua Ouyang (“Ouyang”), by and through their respective counsel of
12 record, as follows:
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1.

On or about November 1, 2016, the Clerk of the Court entered a Clerk’s Certificate of

14 Entry of Default against Kit Ping Li, Chui Qiang Liu, Xiahua Ouyang and Leonard Yang. ECF No. 18.
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2.

On or about November 3, 2016, claimants Yang, Liu, and Ouyang filed Answers to the

16 Complaint. ECF Nos. 19-21.
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3.

On or about November 18, 2016, claimant Yang filed a claim asserting an interest in the

18 following defendant real properties:
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a. Real Property located at 6340 Logan Street, Sacramento, California;
b. Real Property located at 1735 Itasca Avenue, Sacramento, California; and
c. Real Property located at 9501 Jeffcott Road, Wilton, California. (ECF No. 24.)

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On or about November 18, 2016, claimant Liu filed a claim asserting an interest in the

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22 defendant real properties located at 7918 and 7920 68 Avenue, Sacramento, California. ECF No. 22.

23 Also on or about November 18, 2016, claimant Ouyang filed a claim asserting an interest in the
24 defendant real property located at 8982 Elder Creek Road, Sacramento, California. ECF No. 23.
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4.

The parties request to set aside the Clerk’s Certificate of Entry of Default against

26 claimants Leonard Yang, Chui Qiang Liu, and Xiahua Ouyang. The Clerk’s Certificate of Entry of
27 Default shall remain in place for Kit Ping Li.
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Stipulation and Order to
Set Aside Clerk’s Default

1 Dated: 12/8/2016
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PHILLIP A. TALBERT
United States Attorney
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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6 Dated: 12-8-2016
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(Original signature retained by attorney)

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/s/ Ernest Chen
ERNEST CHEN
Attorney for Claimants Leonard Yang, Chui Qiang
Liu, and Xiahua Ouyang

ORDER
For the reasons set forth above, the Clerk’s Certificate of Entry of Default against claimants
Leonard Yang, Chui Qiang Liu, and Xiahua Ouyang is set aside.
IT IS SO ORDERED.
Dated: December 12, 2016.

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UNITED STATES DISTRICT JUDGE

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Stipulation and Order to
Set Aside Clerk’s Default