USA v. Real Property located at 6920 Kilconnell Drive, Elk Grove, California, Sacramento County, APN: 116-1410-006-0000 et al

Filing 55

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 8/8/2018 DISMISSING with prejudice the pending action against only the real property located at 6920 Kilconnell Drive, Elk Grove, California, Sacramento County, APN: 116-1410-006-0000. (Washington, S)

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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-00750-KJM-CKD

Plaintiff,
STIPULATION AND ORDER FOR
DISMISSAL WITH PREJUDICE OF REAL
PROPERTY LOCATED AT 6920
KILCONNELL DRIVE, ELK GROVE,
CALIFORNIA; CERTIFICATE OF
REASONABLE CAUSE

v.
REAL PROPERTY LOCATED AT 6920
KILCONNELL DRIVE, ELK GROVE,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 116-1410-006-0000, 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 Meron Jappy

21 Hailu and Shi Zhong Chen, 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 6920 Kilconnell Drive, Elk

23 Grove, California, Sacramento County, APN: 116-1410-006-0000, shall be dismissed with prejudice
24 pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
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2.

When the Verified Complaint for Forfeiture In Rem was filed on April 3, 2018, the

26 United States believed that Xia Chen was still on title to the property located at 6920 Kilconnell Drive,
27 Elk Grove, California (“Kilconnell property”). In late June of 2018, the United States learned that
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Stipulation and Order for Dismissal

1 Meron Jappy Hailu purchased the Kilconnell property from Xia Chen on or about March 23, 2018.
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3.

Shi Zhong Chen mistakenly filed a Verified Claim Contesting Civil Forfeiture to the

3 Kilconnell property on June 4, 2018. (ECF No. 11)
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4.

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

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5.

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

6 the commencement and prosecution of this forfeiture action, and the Court may enter a Certificate of
7 Reasonable Cause pursuant to 28 U.S.C. § 2465.
8 Dated: 7/19/2018

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/ Steven Benjamin
STEVEN BENJAMIN

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Attorney for Meron Jappy Hailu
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15 Dated: 7/26/18
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/s/ Mark J. Reichel
MARK J. REICHEL
Attorney for Shi Zhong Chen

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(Signatures authorized by email)

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IT IS SO ORDERED.

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Based on the allegations set forth in the Verified Complaint for Forfeiture in Rem filed April 3,

20 2018 (ECF No. 1), and this Stipulation for Dismissal with Prejudice, the court enters this Certificate of
21 Reasonable Cause under 28 U.S.C. § 2465, that there was reasonable cause for the posting of the
22 defendant real property located at 6920 Kilconnell Drive, Elk Grove, California, Sacramento County,
23 APN: 116-1410-006-0000, and for the commencement and prosecution of this forfeiture action. The
24 court also DISMISSES with prejudice the pending action against only the real property located at 6920
25 Kilconnell Drive, Elk Grove, California, Sacramento County, APN: 116-1410-006-0000, under Federal
26 Rule of Civil Procedure 41(a)(2).
27 DATED: August 8, 2018.
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UNITED STATES DISTRICT JUDGE

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Stipulation and Order for Dismissal