Clear Recon Corp. v. 1608 Jonquil Drive, Roseville, CA 95747

Filing 9

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 2/22/2017 ORDERING that this action is REMANDED to the Superior Court of the State of California, Placer County, Case No. SCV-0038863, all parties to bear their/its own fees and costs. The Clerk of Court is hereby directed to close this case. Copy of remand order sent to other court. CASE CLOSED. (Zignago, K.)

1 PHILLIP A. TALBERT
United States Attorney
2 LYNN TRINKA ERNCE
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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6 Attorneys for the United States of America
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLEAR RECON CORP.,

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Petitioner,

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JOINT STIPULATION AND ORDER TO
REMAND REMOVED ACTION TO STATE
COURT

v.
ALL CLAIMANTS TO SURPLUS FUNDS
AFTER A TRUSTEE’S SALE OF THE REAL
PROPERTY LOCATED AT 1608 JONQUIL
DRIVE, ROSEVILLE, CA 95747,
Defendants.

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Case No. 2:17-CV-00086 MCE GGH

Petitioner Clear Recon Corp., the United States of America, and the California Employment

19 Development Department, being the only claimants who have appeared in this action to date, hereby
20 stipulate and agree, by and through their respective counsel, as follows:
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RECITALS
1.

On December 8, 2016, Clear Recon Corp. filed a Petition and Declaration Regarding

23 Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale in Placer County
24 Superior Court pursuant to California Civil Code § 2924j.
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2.

On January 13, 2017, the United States of America removed the state court action to this

26 Court pursuant to 28 U.S.C. §§ 1442(a)(1) and 1444.
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3.

After discussions about this case, the parties to this stipulation agree to the remand of this

28 case to Placer County Superior Court for further proceedings subject to the stipulations set forth herein.
JOINT STIPULATION AND ORDER TO REMAND
REMOVED ACTION TO STATE COURT

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STIPULATION

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Based on the foregoing, the parties stipulate and agree as follows:

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A.

That the above-captioned Eastern District of California Case No. 2:17-cv-00086 MCE

4 GGH shall be remanded to the Superior Court of the State of California, Placer County, Case No. SCV5 0038863;
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B.

That the claims filed in this action by United States on behalf of the Department of

7 Housing and Urban Development and the Internal Revenue Service, and by the California Employment
8 Development Department, were timely filed and may be re-filed in the Placer County Superior Court
9 after remand; and
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C.

That a good faith basis for removal existed at the time of said removal and, therefore, the

11 parties will bear their own attorneys’ fees and costs in connection with the removal and this remand.
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13 Date: February 17, 2017
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PHILLIP A. TALBERT
United States Attorney

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/s/ Lynn Trinka Ernce
LYNN TRINKA ERNCE
Assistant United States Attorney

17 Date: February 17, 2017

ALDRIDGE PITE, LLP

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/s/ Genail M. Anderson (auth 2/17/17)
GENAIL M. ANDERSON
Attorneys for Petitioner
CLEAR RECON CORP.

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21 Date: February 17, 2017
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XAVIER BECERRA
Attorney General of California
MOLLY K. MOSELY
Supervising Deputy Attorney General
/s/ Michael Sapoznikow (auth 2/17/17)
MICHAEL SAPOZNIKOW
Deputy Attorney General
Attorneys for Defendant
California Employment Development Department

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JOINT STIPULATION AND ORDER TO REMAND
REMOVED ACTION TO STATE COURT

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ORDER

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Good cause appearing, and pursuant to the stipulation of the parties, IT IS HEREBY

3 ORDERED that the above stipulation is approved in its entirety. This action is hereby remanded to the
4 Superior Court of the State of California, Placer County, Case No. SCV-0038863, all parties to bear
5 their/its own fees and costs. The Clerk of Court is hereby directed to close this case.
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IT IS SO ORDERED.

7 Dated: February 22, 2017
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JOINT STIPULATION AND ORDER TO REMAND
REMOVED ACTION TO STATE COURT

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