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

Filing 93

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 09/20/19 LIFTING STAY regarding the real property located at 6199 Highway 26, Valley Springs, California. (Benson, A.)

4

McGREGOR W. SCOTT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

5

Attorneys for the United States

1
2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12

Plaintiff,

13
14
15
16
17

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.

18
19

The United States and Claimant and Signet Management LLC hereby stipulate and request the

20 Court to lift the stay for the limited purpose of filing a motion for default judgment for real property
21 located at 6199 Highway 26, Valley Springs, California, (“Defendant Highway 26 property”). The
22 parties anticipate that, if granted, the default judgment motion would close the case against Defendant
23 Highway 26. Thus, the stay would no longer be necessary for this property.1
24

Signet Management LLC filed a claim asserting a lienholder interest in defendant Highway 26

25 property. No other party has filed a claim asserting an interest in defendant Highway 26 property.
26 Xiulan Yang, the person listed on title, has been served with the complaint and case documents and has
27
1

The case would remain stayed as to all other In Rem Defendants. This request is limited to Defendant Highway 26 in light of

28 the unique circumstance of a person listed on title that has been defaulted and failed to enter this case after being noticed.
1
Stipulation for Partial Lift of Stay and Order

1 failed to enter the case as required by the forfeiture statutes. Law enforcement executed a state search
2 warrant at 6199 Highway 26 in Valley Springs, California and found an active marijuana grow
3 containing 1,346 marijuana plants, nearly three pounds of processed marijuana, and marijuana grow
4 equipment. Further, Xiulan Yang is presently in default on the loan for the defendant Highway 26
5 property and the Clerk of the Court entered a Clerk’s Default against Xiulan Yang on July 24, 2018.
6
7 Dated:

9/17/2019

8

By:

9
10
11 Dated:

McGREGOR W. SCOTT
United States Attorney

9/17/2019

12
13

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Michael J. Gilligan
MICHAEL J. GILLIGAN
Attorney for Claimant Signet Management LLC
(Authorized by email)

14
15

ORDER

16
17

For the reasons set forth above, the stay is lifted regarding the real property located at 6199

18 Highway 26, Valley Springs, California.
19

IT IS SO ORDERED.

20 DATED: September 20, 2019.
21
22

UNITED STATES DISTRICT JUDGE

23
24
25
26
27
28
2

Stipulation for Partial Lift of Stay and Order