USA v. Real Property located at 10170 Patti Way, Elk Grove, California, Sacramento County, APN: 132-0910-069-0000 et al

Filing 56

ORDER signed by District Judge Kimberly J. Mueller on 9/25/2018 STIPULATION APPROVED Claimant's 16 claim filed is hereby deemed WITHDRAWN; Claimant's 21 answer is hereby deemed WITHDRAWN; Claimant is hereby deemed DISMISSED from the case.(Reader, L)

1
2
3
4
5
6
7

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]
Attorneys for Non-Party Lienholder,
Roger Anderson, Trustee of The RWA Trust
Dated March 14, 2014

8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
90 Discovery
Irvine, California 92618
T: [phone]; F: [phone]

Geraci Law Firm

11

UNITED STATES OF AMERICA,

12

Plaintiff,

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

vs.

Case No. 2:18-CV-00763-KJM-CKD
STIPULATION AND
WITHDRAWAL OF VERIFIED
CLAIM AND ANSWER OF
LIENHOLDER, ROGER
ANDERSON, TRUSTEE OF THE
RWA TRUST DATED MARCH 14,
2014; ORDER

REAL PROPERTY LOCATED AT
10170 PATTI WAY, ELK GROVE,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 132-0910-069-0000,
Complaint Filed: April 3, 2018
None Set
INCLUDING ALL APPURTENANCES Trial Date:
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT
4960 FRANCESA STREET, ELK
GROVE, CALIFORNIA,
SACRAMENTO COUNTY, APN: 1171000-033-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT
19460 FIDDLETOWN ROAD,
FIDDLETOWN, CALIFORNIA,
AMADOR COUNTY, APN: 021-050019-000, INCLUDING ALL

1
___________________________________________________________________________________________
STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, ROGER
ANDERSON, TRUSTEE OF THE RWA TRUST DATED MARCH 14, 2014; ORDER

1

APPURTENANCES AND
IMPROVEMENTS THERETO,

2
3
4
5
6
7
8
9
10
90 Discovery
Irvine, California 92618
T: [phone]; F: [phone]

Geraci Law Firm

11
12

REAL PROPERTY LOCATED AT
9009 FERNWAY COURT, ELK
GROVE, CALIFORNIA,
SACRAMENTO COUNTY, APN: 1161290-019-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT
8885 MONTEREY OAKS DRIVE, ELK
GROVE, CALIFORNIA,
SACRAMENTO COUNTY, APN: 1161270-018-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

REAL PROPERTY LOCATED AT
16481 FIDDLETOWN ROAD,
FIDDLETOWN, CALIFORNIA,
AMADOR COUNTY, APN: 014-270026-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT 25
DONSON COURT, ELK GROVE,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 117-1510-050-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT
7627 MASTERS STREET, ELK
GROVE, CALIFORNIA,
SACRAMENTO COUNTY, APN: 1171390-017-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO, and
2
___________________________________________________________________________________________
STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, ROGER
ANDERSON, TRUSTEE OF THE RWA TRUST DATED MARCH 14, 2014; ORDER

1
2
3
4
5

REAL PROPERTY LOCATED AT
8620 PORT HAYWOOD WAY,
SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 1170970-086-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,

6

Defendants.

7
8

Trustee of The RWA Trust Dated March 14, 2014 (“Claimant”), by and through its

11
90 Discovery
Irvine, California 92618
T: [phone]; F: [phone]

IT IS HEREBY STIPULATED by and between claimant, Roger Anderson,

10

Geraci Law Firm

9

undersigned counsel, Larissa A. Branes, Esq. of Geraci Law Firm, and Plaintiff, the

12

United States of America (“Plaintiff”), by and through its undersigned counsel,

13

Kevin C. Khasigian, Assistant United States Attorney, as follows:
1.

14

Claimant asserted a lienholder interest in the defendant property located

15

at 7627 Masters Street, Elk Grove, California 95758 (“Defendant Masters Street”),

16

which maintains the following legal description:

17

Real property in the City of Sacramento, County of Sacramento, State of

18

California, described as follows:

19

LOT 81, AS SHOWN ON THAT CERTAIN MAP ENTITLED "PLAT

20

OF LAGUNA VEGA SOUTH, SUBDIVISION NO. P00-087", FILED

21

IN THE OFFICE OF THE COUNTY RECORDER OF

22

SACRAMENTO COUNTY, CALIFORNIA ON SEPTEMBER 26,

23

2002, IN BOOK 304 OF MAPS, AT PAGE 4.

24

APN: 117-1390-017-0000;

25

2.

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

26

in Defendant Masters Street;

27

///

28

///
3
___________________________________________________________________________________________
STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, ROGER
ANDERSON, TRUSTEE OF THE RWA TRUST DATED MARCH 14, 2014; ORDER

1

3.

Accordingly, Claimant hereby withdraws its claim filed in the above-

2

captioned case on June 13, 2018 [Dk. 16] and its answer filed in the above-captioned

3

case on June 22, 2018 [Dk. 21] with respect to the Defendant Masters Street;

4

4.

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

5

41(a), Plaintiff agrees to dismiss with prejudice Claimant in the above-captioned

6

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

7

Masters Street is the in rem defendant.

8

5.

Each party hereto is to bear its own costs; and

9

6.

Claimant is hereby removed from the Service List for the above-

10

captioned case.

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

Geraci Law Firm

11
12

Date: September 25, 2018

GERACI LAW FIRM

13

By:

14
15
16
17

/s/ Larissa A. Branes
Larissa A. Branes, Esq.
Amy E. Martinez, Esq.
Alexa P. Stephenson, Esq.
Attorneys for Non-Party Claimant, Roger
Anderson, Trustee of the RWA Trust Dated
March 14, 2014

18
19

Date: September 25, 2018

MCGREGOR W. SCOTT
United States Attorney

20
21
22

By:

/s/ Kevin C. Khasigian
Kevin C. Khasigian
Assistant United States Attorney

23
24
25
26
27
28
4
___________________________________________________________________________________________
STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, ROGER
ANDERSON, TRUSTEE OF THE RWA TRUST DATED MARCH 14, 2014; ORDER

ORDER

1
2

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

3

and Answer by Roger Anderson, Trustee of The RWA Trust Dated March 14, 2014

4

(“the Stipulation”) by Claimant, Roger Anderson, Trustee of The RWA Trust Dated

5

March 14, 2014 (“Claimant”), and Plaintiff, United States of America (“Plaintiff”),

6

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

7

stated in the Stipulation and for good cause shown,

8

IT IS HEREBY ORDERED as follows:

9

1.

The Stipulation is approved.

10

2.

Claimant’s claim filed in the above-captioned case on June 13, 2018

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

Geraci Law Firm

11
12
13

[Dk. 16] is hereby deemed withdrawn.
3.

Claimant’s answer filed in the above-captioned case on June 22, 2018

[Dk. 21] is hereby deemed withdrawn.

14

4.

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

15

IT IS SO ORDERED.

16
17

DATED: September 25, 2018.

18
19

UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28
5
___________________________________________________________________________________________
STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, ROGER
ANDERSON, TRUSTEE OF THE RWA TRUST DATED MARCH 14, 2014; ORDER