USA v. Real Property located at 6480 Marysville Road, Browns Valley, California, Yuba County, APN: 044-270-024-000 et al

Filing 28

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 09/20/18 WITHDRAWING the 11 Verified Claim and 14 Answer of Claimant Socotra Fund, LLC and DISMISSING Claimant from case. (Benson, A.)

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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, Socotra Fund, LLC

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IN THE UNITED STATES DISTRICT COURT

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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.

Case No. 2:18-cv-00748-KJM-CKD
STIPULATION AND
WITHDRAWAL OF VERIFIED
CLAIM AND ANSWER OF
LIENHOLDER, SOCOTRA FUND,
LLC

REAL PROPERTY LOCATED AT
6480 MARYSVILLE ROAD, BROWNS
Complaint Filed: April 3, 2018
VALLEY, CALIFORNIA YUBA
Trial Date:
None Set
COUNTY, APN: 044-270-024-000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENT THERETO, and
REAL PROPERTY LOCATED 10357
BECKLEY WAY, ELK GROVE,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 132-1580-060-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
and
REAL PROPERTY LOCATED 474
LAURELLEN ROAD, MARYSVILLE,
CALIFORNIA, YUBA COUNTY, APN:
018-280-016, INCLUDING ALL
APPURTENANCES AND

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___________________________________________________________________________________________
VERIFIED CLAIM BY LIENHOLDER, SOCOTRA FUND, LLC, TO COMPLAINT FOR FORFEITURE OF
REAL PROPERTY

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IMPROVEMENTS THERETO,
Defendants.

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IT IS HEREBY STIPULATED by and between claimant, Socotra Fund,

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

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of Geraci Law Firm, and Plaintiff, the United States of America (“Plaintiff”), by and

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through its undersigned counsel, Kevin C. Khasigian, Assistant United States

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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 10357 Beckley Way, Elk Grove, California 95757 (“Defendant Beckley Way”),

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Geraci Law Firm

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which maintains the following legal description:

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The land referred to in this report is situated in the County of

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Sacramento, State of California, and is described as follows:

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Lot 80, as shown on the Map entitled “South Meadows Unit 1,

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Subdivision No. 02-358.1”, in the City of Elk Grove, County of

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Sacramento, State of California, filed in the Office of the County

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Recorder of Sacramento County, California, on October 20, 2003, in

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Book 320 of Maps, at Page 5, as modified by the Certificate of

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Correction recorded January 20, 2004, in Book 2004-01-20, Page 529,

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Official Records.

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Assessor’s Parcel Number: 132-1580-060;

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2.

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

in Defendant Beckley Way;
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Accordingly, Claimant hereby withdraws its claim filed in the above-

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captioned case on June 13, 2018 [Dk. 11] and its answer filed in the above-captioned

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case on June 22, 2018 [Dk. 14] with respect to the Defendant Beckley Way;

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4.

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

41(a), Plaintiff agrees to dismiss with prejudice Claimant in the above-captioned
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___________________________________________________________________________________________
VERIFIED CLAIM BY LIENHOLDER, SOCOTRA FUND, LLC, TO COMPLAINT FOR FORFEITURE OF
REAL PROPERTY

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

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Beckley Way 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.

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Date: September 20, 2018

GERACI LAW FIRM

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By: /s/ Larissa A.Branes
Larissa A. Branes, Esq.
Amy E. Martinez, Esq.
Alexa P. Stephenson, Esq.
Attorneys for Non-Party Claimant, Socotra
Fund, LLC

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

Geraci Law Firm

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Date: September 20, 2018

MCGREGOR W. SCOTT
United States Attorney
By: /s/ Kevin C. Khasigian
Kevin C. Khasigian
Assistant United States Attorney

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___________________________________________________________________________________________
VERIFIED CLAIM BY LIENHOLDER, SOCOTRA FUND, LLC, TO COMPLAINT FOR FORFEITURE OF
REAL PROPERTY

ORDER

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

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and Answer by Socotra Fund, LLC (“the Stipulation”) by Claimant, Socotra Fund,

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

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through their respective counsel (collectively, the “Parties”). For the reasons stated

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in the Stipulation and for good cause shown,

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IT IS HEREBY ORDERED as follows:

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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 13, 2018

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

Geraci Law Firm

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[Dk. 11] is hereby deemed withdrawn.
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Claimant’s answer filed in the above-captioned case on June 22, 2018

[Dk. 14] is hereby deemed withdrawn.

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4.

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IT IS SO ORDERED.

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Claimant is hereby deemed dismissed from the above-captioned case.

DATED: September 20, 2018.

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UNITED STATES DISTRICT JUDGE

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___________________________________________________________________________________________
VERIFIED CLAIM BY LIENHOLDER, SOCOTRA FUND, LLC, TO COMPLAINT FOR FORFEITURE OF
REAL PROPERTY