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

Filing 81

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/5/19 ORDERING that Claimant's claim filed on June 15, 2018 38 is hereby deemed withdrawn. Claimant's answer filed on July 19, 2018 62 is hereby deemed withdrawn. Claimant Cavalier Asset Group, LLC is hereby deemed dismissed from this case. (Kaminski, H)

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Larissa A. Branes, Esq. (SBN 245875)
Amy E. Martinez, Esq. (SBN 245871)
Alexa P. Stephenson, Esq. (SBN 312437)
GERACI LAW FIRM
90 Discovery
Irvine, CA 92618
Tele.: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Non-Party Lienholder,
Cavalier Asset Group, LLC

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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90 Discovery
Irvine, California 92618
T: [phone]; F: [phone]

Geraci Law Firm

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UNITED STATES OF AMERICA,
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Plaintiff,
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vs.
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Case No. 2:18-CV-00747-KJM-CKD
STIPULATION AND
WITHDRAWAL OF VERIFIED
CLAIM AND ANSWER OF
LIENHOLDER, CAVALIER ASSET
GROUP, LLC

REAL PROPERTY LOCATED AT
8911 HIGHWAY 49, MOKELUMNE
Complaint Filed: April 3, 2018
HILL, CALIFORNIA, CALAVERAS
Trial Date:
None Set
COUNTY, APN: 018-019-157-000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT
3788 DUNN ROAD, VALLEY
SPRINGS, CALIFORNIA,
CALAVERAS COUNTY, APN: 072033-018-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT
3650 DELIN WAY, VALLEY
SPRINGS, CALIFORNIA,

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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, CAVALIER
ASSET GROUP, LLC

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CALAVERAS COUNTY, APN: 072027-005-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,

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REAL PROPERTY LOCATED AT
11635 MILTON ROAD, VALLEY
SPRINGS, CALIFORNIA,
CALAVERAS COUNTY, APN: 070035-037-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,

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90 Discovery
Irvine, California 92618
T: [phone]; F: [phone]

Geraci Law Firm

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REAL PROPERTY LOCATED AT
6365 HIRONYMOUS WAY, VALLEY
SPRINGS, CALIFORNIA,
CALAVERAS COUNTY, APN: 073015-002-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,

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REAL PROPERTY LOCATED AT
8914 GREER WAY, VALLEY
SPRINGS, CALIFORNIA,
CALAVERAS COUNTY, APN: 070039-018-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,

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REAL PROPERTY LOCATED AT
8786 GREER WAY, VALLEY
SPRINGS, CALIFORNIA,
CALAVERAS COUNTY, APN: 070039-014-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,

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REAL PROPERTY LOCATED AT
8456 BALDWIN STREET, VALLEY
SPRINGS, CALIFORNIA,
CALAVERAS COUNTY, APN: 0702
___________________________________________________________________________________________
STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, CAVALIER
ASSET GROUP, LLC

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90 Discovery
Irvine, California 92618
T: [phone]; F: [phone]

Geraci Law Firm

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035-014-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT
6199 HIGHWAY 26, VALLEY
SPRINGS, CALIFORNIA,
CALAVERAS COUNTY, APN: 073013-005-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT
6048 AMOS LANE, VALLEY
SPRINGS, CALIFORNIA,
CALAVERAS COUNTY, APN: 048025-287-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT
2852 HOFFMAN DRIVE, VALLEY
SPRINGS, CALIFORNIA,
CALAVERAS COUNTY, APN: 072018-014-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO, and
REAL PROPERTY LOCATED AT
2838 HOFFMAN DRIVE, VALLEY
SPRINGS, CALIFORNIA,
CALAVERAS COUNTY, APN: 072018-015-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
Defendants.

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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, CAVALIER
ASSET GROUP, LLC

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IT IS HEREBY STIPULATED by and between claimant, Cavalier Asset

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Group, LLC (“Claimant”), by and through its undersigned counsel, Larissa A.

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Branes, Esq. of Geraci Law Firm, and Plaintiff, the United States of America

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

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United States Attorney, as follows:

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1.

Claimant asserted a lienholder interest in the defendant property located

90 Discovery
Irvine, California 92618
T: [phone]; F: [phone]

at 3788 Dunn Rd., Valley Springs, California 95252 (“Defendant Dunn Rd.”), which

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Geraci Law Firm

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maintains the following legal description:

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Real Property in the unincorporated area of the County of Calaveras,

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State of California, described as follows:

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LOT NO. 2307 AS SAID LOT IS SHOWN ON THAT CERTAIN

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MAP ENTITLED “RANCHO CALAVERAS, TRACT NO. 179,

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UNITS 8 AND 9” FILED FOR RECORD NOVEMBER 20, 1967 IN

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BOOK 3 OF MAPS, PAGE 11 IN THE OFFICE OF THE COUNTY

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RECORDER OF CALAVERAS COUNTY, CALIFORNIA.

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APN: 072-033-018;

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2.

The loan has since been satisfied and Claimant no longer has an interest

in Defendant Dunn Rd.;
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Accordingly, Claimant hereby withdraws its claim filed in the above-

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captioned case on June 15, 2018 [Dk. 38] and its answer filed in the above-captioned

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case on July 19, 2018 [Dk. 62] with respect to the Defendant Dunn Rd.;
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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, CAVALIER
ASSET GROUP, LLC

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4.

To the extent required under the Federal Rules of Civil Procedure, Rule

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41(a), Plaintiff agrees to dismiss with prejudice Claimant in the above-captioned

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case pursuant to the Federal Rules of Civil Procedure, Rule 41(a). Defendant Dunn

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Rd. is the in rem defendant.

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5.

Each party hereto is to bear its own costs; and

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6.

Claimant is hereby removed from the Service List for the above-

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captioned case.

90 Discovery
Irvine, California 92618
T: [phone]; F: [phone]

Geraci Law Firm

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Date: March 5, 2019

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GERACI LAW FIRM
By:

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Date: March 5, 2019

MCGREGOR W. SCOTT
United States Attorney

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/s/ Larissa A. Branes
Larissa A. Branes, Esq.
Amy E. Martinez, Esq.
Alexa P. Stephenson, Esq.
Attorneys for Non-Party Lienholder,
Cavalier Asset Group, LLC

By:

/s/ Kevin C. Khasigian
Kevin C. Khasigian
Assistant United States Attorney

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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, CAVALIER
ASSET GROUP, LLC

ORDER

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

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and Answer by Cavalier Asset Group, LLC (“the Stipulation”) by Claimant, Cavalier

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Asset Group, LLC (“Claimant”), and Plaintiff, United States of America

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(“Plaintiff”), by and through their respective counsel (collectively, the “Parties”).

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For the reasons stated in the Stipulation and for good cause shown,

90 Discovery
Irvine, California 92618
T: [phone]; F: [phone]

IT IS HEREBY ORDERED as follows:

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Geraci Law Firm

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1.

The Stipulation is approved.

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2.

Claimant’s claim filed in the above-captioned case on June 15, 2018

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[Dk. 38] is hereby deemed withdrawn.
3.

Claimant’s answer filed in the above-captioned case on July 19, 2018

[Dk. 62] is hereby deemed withdrawn.
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Claimant is hereby deemed dismissed from the above-captioned case.

IT IS SO ORDERED.
DATED: March 5, 2019.
UNITED STATES DISTRICT JUDGE

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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, CAVALIER
ASSET GROUP, LLC