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

Filing 61

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/23/2019 APPROVING the stipulation. Claimant's claim filed on 6/4/2018 and answer filed on 6/25/2018 as to the Defendant Property are hereby deemed WITHDRAWN. Claimant FJM Private Mortgage Fund, LLC is hereby DISMISSED from this action with prejudice. (Zignago, K.)

1 Thomas P. Mazzucco - 139758
[e-mail]
2 Patrick J. Wingfield - 265140
[e-mail]
3 MURPHY, PEARSON, BRADLEY & FEENEY
88 Kearny Street, 10th Floor
4 San Francisco, CA 94108-5530
Telephone:
[phone]
5 Facsimile:
[phone]
6 Attorneys for Claimant
FJM PRIVATE MORTGAGE FUND, LLC
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

12 UNITED STATES,

Case No.: 2:18-cv-00750-KJM-CKD

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STIPULATION AND WITHDRAWAL
OF VERIFIED CLAIM AND ANSWER
OF NON-PARTY FJM PRIVATE
MORTGAGE FUND, LLC TO VERIFIED
COMPLAINT FOR FORFEITURE IN
REM

Plaintiff,

14 v.
15 REAL PROPERTY LOCATED AT 6920
KILCONNELL DRIVE, ELK GROVE,
16 CALIFORNIA, SACRAMENTO COUNTY,
APN: 116-1410-006-0000,
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REAL PROPERTY LOCATED AT 9297 FIFE
18 RANCH WAY, ELK GROVE, CALIFORNIA,
SACRAMENTO COUNTY, APN: 127-099019 028-0000,

Action Filed: April 3, 2018
Assigned To: Hon. Kimberly J. Mueller
Referred To: Hon. Carolyn K. Delaney
Trial Date: None Set

20 REAL PROPERTY LOCATED AT 9717
SUTTON POINTE COURT, ELK GROVE,
21 CALIFORNIA, SACRAMENTO COUNTY,
APN: 132-1110-062-0000,
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REAL PROPERTY LOCATED AT 9913
23 JASPER COURT, ELK GROVE,
CALIFORNIA, SACRAMENTO COUNTY,
24 APN: 122-0690-082-0000,
25 REAL PROPERTY LOCATED AT 4305 SAN
MARINO COURT, ELK GROVE,
26 CALIFORNIA, SACRAMENTO COUNTY,
APN: 119-1980-056-0000,
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REAL PROPERTY LOCATED AT 8771
28 DILLARD ROAD, WILTON, CALIFORNIA,
-1STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY FJM
PRIVATE MORTGAGE FUND, LLC

Case No.:
2:18-cv-00750-KJM-CKD

1 SACRAMENTO COUNTY, APN: 126-0390002-0000,
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REAL PROPERTY LOCATED AT 4871
3 WATSEKA WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
4 APN: 225-1790-028-0000,
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Defendants.

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IT IS HEREBY STIPULATED by and between the United States, and FJM PRIVATE MORTGAGE

8 FUND, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (“Claimant”) as follows:
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1.

The defendant property subject to this stipulation is as follows (“Defendant Property”):

10 Real property located at 9717 Sutton Pointe Court, Elk Grove, California 95757, APN: 132-1110-06211 0000, including all appurtenances and improvements thereto.
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2.

On April 3, 2018, the United States of America filed a Verified Complaint for Forfeiture

13 In Rem [Docket No. 1] (“Complaint”) alleging that the Defendant Property, including any right, title and
14 interest in the whole of any lot or tract of land and any appurtenances or improvements thereon, and
15 proceeds traceable thereof, is subject to forfeiture to the United States pursuant to: (a) 18 U.S.C. §
16 981(a)(1)(A); (b) 18 U.S.C. § 981(a)(1)(C); (c) 21 U.S.C. § 881(a)(6); and (d) 21 U.S.C. § 881 (a)(7)
17 because it was used and intended to be used to commit or facilitate a violation of 21 U.S.C. §§ 841 et.
18 seq. and/or were involved in a financial transaction in violation of 18 U.S.C. § 1956(a)(1)(B)(I).
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3.

At the time the Complaint was filed, the record owner of the Defendant Property was

20 MEINA ZHENG (“ZHENG”).
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4.

On June 4, 2018, Claimant filed a claim in this action alleging a lienholder interest in the

22 Defendant Property [Docket No. 10].
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5.

On June 25, 2018, Claimant filed an Answer in this action [Docket No. 16].

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6.

On or about December 2018, the Defendant Property was sold.

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7.

Notwithstanding the foregoing, Claimant hereby withdraws its claim and Answer filed in

26 the above-captioned case with respect to the Defendant Property.
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8.

To the extent required under the Federal Rules of Civil Procedure, Rule 41(a), the United

28 States of America agrees to dismiss with prejudice Claimant in the above-captioned case pursuant to the
-2STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY FJM
PRIVATE MORTGAGE FUND, LLC

Case No.:
2:18-cv-00750-KJM-CKD

1 Federal Rules of Civil Procedure, Rule 41(a). Defendant Property is the in rem defendant.
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9.

Claimant is hereby removed from the Service List for the above captioned case.

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10.

Each party hereto is to bear his, her, and its own costs.

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5 Dated: September 17, 2019
MURPHY, PEARSON, BRADLEY & FEENEY

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By /s/ Patrick J. Wingfield
Thomas P. Mazzucco
Patrick J. Wingfield
Kavin A. Williams
Attorneys for Claimant
FJM PRIVATE MORTGAGE FUND, LLC

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12 Dated: September 17, 2019

MCGREGOR W. SCOTT
United States Attorney

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By:

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/s/ Kevin C. Khasigian__________________
KEVIN C. KHASIGIAN
Assistant United States Attorney

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-3STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY FJM
PRIVATE MORTGAGE FUND, LLC

Case No.:
2:18-cv-00750-KJM-CKD

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ORDER

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

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1.

The Stipulation is hereby APPROVED.

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2.

Claimant’s claim filed in the above-captioned case on June 4, 2018 and answer filed on

5 June 25, 2018 as to the Defendant Property are hereby deemed withdrawn.
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3.

Pursuant to F.R.C.P. 41(a), Claimant FJM PRIVATE MORTGAGE FUND, LLC, A

7 CALIFORNIA LIMITED LIABILITY COMPANY is hereby dismissed from this action with prejudice.
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IT IS SO ORDERED.

9 Dated: September 23, 2019.
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UNITED STATES DISTRICT JUDGE

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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY FJM
PRIVATE MORTGAGE FUND, LLC

Case No.:
2:18-cv-00750-KJM-CKD

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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY FJM
PRIVATE MORTGAGE FUND, LLC

Case No.:
2:18-cv-00750-KJM-CKD