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

Filing 97

ORDER signed by District Judge Kimberly J. Mueller on 10/29/2019 DISMISSING with prejudice, the pending action against Real Property located at 8914 Greer Way, Valley Springs, CA, Calaveras. The parties are to bear their own costs and attorney fees. CERTIFICATE OF REASONABLE CAUSE the Court ENTERS this Certificate of Reasonable Cause pursuant to 28:2465, that there was reasonable cause for the posting of the defendant real property located at 8914 Greer Way, Valley Springs, CA, Calaveras County, APN: 070-039-018-000, and for the commencement and prosecution of this forfeiture action. (Reader, L)

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McGREGOR W. SCOTT
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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2:18-CV-00747-KJM-CKD

Plaintiff,
STIPULATION AND ORDER FOR
DISMISSAL WITH PREJUDICE OF REAL
PROPERTY; CERTIFICATE OF
REASONABLE CAUSE

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.,

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Defendants.
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It is hereby stipulated by and between the United States of America and claimants Anne

20 Freeman, Trustee, and Xiuzhu Yang, by and through their respective counsel of record, as follows:
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1.

The pending action against only the real property located at 8914 Greer Way, Valley

22 Springs, California, Calaveras County, APN: 070-039-018-000, shall be dismissed with prejudice
23 pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
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2.

The real property located at 8914 Greer Way, Valley Springs, California, sold for

25 $285,748.06 at a Trustee’s Sale on November 20, 2018. Claimant Anne Freeman’s outstanding lien
26 was paid in full from the proceeds of the sale. There were no additional proceeds from the sale of the
27 property.
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Stipulation and Order for Dismissal

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The parties are to bear their own costs and attorney fees.

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4.

There was probable cause for the posting of the defendant real property, and for the

3 commencement and prosecution of this forfeiture action, and the Court may enter a Certificate of
4 Reasonable Cause pursuant to 28 U.S.C. § 2465.
5 Dated: 10/22/2019

McGREGOR W. SCOTT
United States Attorney

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By

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

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/s/ Edward T. Weber
EDWARD T. WEBER
Attorney for Claimant Anne Freeman

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/s/ Linda M. Parisi
LINDA M. PARISI
Attorney for Claimant Xiuzhu Yang

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CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed April 3, 2018,

18 and the Stipulation for Dismissal With Prejudice filed herewith, the Court enters this Certificate of
19 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the posting of the
20 defendant real property located at 8914 Greer Way, Valley Springs, California, Calaveras County,
21 APN: 070-039-018-000, and for the commencement and prosecution of this forfeiture action.
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IT IS SO ORDERED.

23 DATED: October 29, 2019.
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UNITED STATES DISTRICT JUDGE

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Stipulation and Order for Dismissal