USA v. Real Property located at 8911 Highway 49, Mokelumne Hill, California, Calaveras County, APN: 018-019-057-0000 et al

Filing 107

ORDER signed by Chief District Judge Kimberly J. Mueller on 12/22/22 PARTIALLY LIFTING the Stay for the limited purpose of entering a stipulation for final judgment of forfeiture for the real property located at 3788 DunnRoad, Valley Springs, California, Calaveras County, APN: 072-033-018-000.(Licea Chavez, V)

Case 2:18-cv-00747-KJM-CKD Document 107 Filed 12/22/22 Page 1 of 2

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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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Plaintiff,

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2:18-CV-00747-KJM-CKD

v.
REAL PROPERTY LOCATED AT 8911
HIGHWAY 49, MOKELUMNE HILL,
CALIFORNIA, CALAVERAS COUNTY,
APN: 018-019-057-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO, ET AL.,

STIPULATION FOR PARTIAL LIFT
OF STAY AND ORDER

Defendants.

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The United States and claimant Yu Ying Cai, through their respective counsel, hereby stipulate

20 and request the Court to lift the stay for the limited purpose of filing settlement documents for real
21 property located at 3788 Dunn Road, Valley Springs, California, Calaveras County, APN: 072-033-01822 000 (“defendant Dunn Road”). The parties anticipate that, if granted, the settlement documents would
23 close the case against defendant Dunn Road. Thus, the stay would no longer be necessary for this
24 property.1
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Cavalier Asset Group, LLC filed a Claim and an Answer to the Complaint asserting a lien holder

26 interest in defendant Dunn Road. Claimant Yu Ying Cai filed a Claim and Answer to the Complaint
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The case would remain stayed as to the other eight In Rem Defendants. This request is limited to defendant Dunn Road.

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Stipulation for Partial Lift of Stay and Order

Case 2:18-cv-00747-KJM-CKD Document 107 Filed 12/22/22 Page 2 of 2

1 regarding defendant Dunn Road. No other party has filed a claim asserting an interest in defendant Dunn
2 Road.
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On December 11, 2018, escrow closed for defendant Dunn Road. Cavalier Asset Group, LLC

4 was paid in full through escrow. Cavalier Asset Group, LLC withdrew their Claim and Answer on
5 March 6, 2019.
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The United States and claimant Yu Ying Cai have reached a settlement regarding the net proceeds

7 from the sale of the Dunn Road property.
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9 Dated: 12/2/2022
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PHILLIP A. TALBERT
United States Attorney
By:

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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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/s/ Robert J. Saria
ROBERT J. SARIA
Attorney for claimant Yu Ying Cai

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(Signature retained by attorney)

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ORDER

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For the reasons set forth above, the stay is lifted regarding the real property located at 3788 Dunn

20 Road, Valley Springs, California, Calaveras County, APN: 072-033-018-000.
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IT IS SO ORDERED.

22 DATED: December 22, 2022.
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Stipulation for Partial Lift of Stay and Order