USA v. Real Property located at 1932 Naomi Way, Sacramento, California, Sacramento County, APN: 266-0160-005-0000 et al

Filing 19

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 7/31/2020 APPROVING the 18 Stipulation of Withdrawal of Claim and Answer by First Life, LLC. Claimant's claim filed on 5/29/2018, ECF No. 9 , is hereby deemed withdrawn; Claimant's Answer filed on 7/2/2018, ECF No. 12 , is hereby withdrawn; and Claimant is hereby deemed dismissed with prejudice from the above-captioned case. (Becknal, R)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

No. 2:18-CV-00746-KJM-CKD

12

Plaintiff,
13
14
15
16

vs.
REAL PROPERTY LOCATED AT
2117 SOUTH AVENUE, SACRAMENTO
CALIFORNIA, SACRAMENTO COUNTY,
APN: 252-0183-012-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,

STIPULATION AND ORDER
WITHDRAWAL OF VERIFIED CLAIM AND
ANSWER OF LIENHOLDER FIRST LIFE,
LLC

17

Defendants.
18
19
20

IT IS HEREBY STIPULATED by and between Claimant First Life, LLC
21

(“Claimant”), by and through attorney, J. Patrick McCarthy, and Plaintiff, the United States of
22

America (“Plaintiff”), by and through its undersigned counsel, Kevin C. Khasigian, Assistant
23

United States Attorney, as follows:
24

1. Claimant asserted a lienholder interest in the defendant property located at
25

2117 South Avenue, Sacramento, California, APN: 252-0183-012-0000 (“South Avenue
26

Property”), which maintains the following legal description: Attached as Ex. A
27
28

2. The loan has since been satisfied and Claimant no longer has an interest in the

1
2

South Avenue Property.
3. Accordingly, Claimant hereby withdraws its claim filed in the above-captioned

3
4

case on May 29, 2018, ECF No. 9, and its Answer filed July 2, 2018, ECF No. 12, with respect

5

to the South Avenue Property.
4. To the extent required under the Federal Rules of Civil Procedure, Rule 41(a),

6
7

Plaintiff agrees to dismiss with prejudice Claimant in the above-captioned case pursuant to the

8

Federal Rules of Civil Procedure, Rule 41(a). The South Avenue Property is the in rem

9

defendant.

10

5. Each party hereto is to bear its own costs; and

11

6. Claimant is hereby removed from the Service List for the above-captioned

12

case.

13

Dated: July 24, 2020

14

MCGREGOR W. SCOTT
United States Attorney

15

By: /s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN,
Assistant United States Attorney
(Authorized by email)

16
17
18
19
20
21
22
23
24
25
26
27
28

Dated: July 24, 2020
/s/ J. Patrick McCarthy
J. PATRICK McCARTHY,
Attorney for Claimant

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER

1

The court has read and considered the Stipulation of Withdrawal of Claim and

2
3

Answer by First Life, LLC (“Claimant”) and Plaintiff, the United States of America (“Plaintiff”),

4

by and through their respective counsel. For the reasons stated in the Stipulation and for good

5

cause shown,

6

IT IS HEREBY ORDERED as follows:

7

1. The Stipulation of Withdrawal of Claim and Answer by First Life, LLC is

8

approved.
2. Claimant’s claim filed in the above-captioned case on May 29, 2018, ECF No.

9
10

9, is hereby deemed withdrawn.
3. Claimant’s Answer filed in the above-captioned case on July 2, 2018, ECF No.

11
12

12, is hereby withdrawn.
4. Claimant is hereby deemed dismissed with prejudice from the above-captioned

13
14

case.

15

IT IS SO ORDERED.

16

This order resolves ECF No. 18.

17
18
19
20
21
22
23
24
25
26
27
28

DATED: July 31, 2020.