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

Filing 58

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/4/19 ORDERING that Claimant's claim filed on May 31, 2018 12 is hereby deemed withdrawn. Claimant's answer filed on May 31, 2018 11 is hereby deemed withdrawn. Claimant is hereby deemed dismissed from this case.(Kaminski, H)

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1 2 3 4 5 6 7 RUSSELL W. REYNOLDS #138075 COLEMAN & HOROWITT, LLP Attorneys at Law 499 West Shaw, Suite 116 Fresno, California 93704 Telephone: (559) 248-4820 Facsimile: (559) 248-4830 E-Mail: rreynolds@ch-law.com Attorneys for Bruce J. Warren, Trustee of the Bruce J. Warren 2002 Revocable Trust UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 UNITED STATES OF AMERICA, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. 2:18-cv-00763-KJM-CKD Plaintiff, v. REAL PROPERTY LOCATED AT 10170 PATTI WAY, ELK GROVE, CALIFORNIA, SACRAMENTO COUNTY, APN: 132-0910069-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 4960 FRANCESA STREET, ELK GROVE, CALIFORNIA, SACRAMENTO COUNTY, APN: 117-1000-033-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, BRUCE J. WARREN, TRUSTEE OF THE BRUCE J. WARREN 2002 REVOCABLE TRUST Complaint Filed: Trial Date: April 4, 2018 None REAL PROPERTY LOCATED AT 19460 FIDDLETOWN ROAD, FIDDLETOWN, CALIFORNIA, AMADOR COUNTY, APN: 021-050-019-000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 9009 FERNWAY COURT, ELK GROVE, CALIFORNIA, SACRAMENTO COUNTY, APN: 116-1290-019-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 1 _____________________________________ STIPULATION AND WITHDRAWAL OF VERIFIED CLAIMS OF BRUCE J. WARREN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 REAL PROPERTY LOCATED AT 8885 MONTEREY OAKS DRIVE, ELK GROVE, CALIFORNIA, SACRAMENTO COUNTY, APN: 116-1270-018-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 16481 FIDDLETOWN ROAD, FIDDLETOWN, CALIFORNIA, AMADOR COUNTY, APN: 014-270-026-000, 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: 117-1390-017-0000. INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 8620 PORT WAYWARD WAY, SACRAMENTO, CALIFORNIA, SACRAMENTO COUNTY, APN: 117-0970-086-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 20 Defendants. 21 22 IT IS HEREBY STIPULATED by and between claimant, Bruce J. Warren, Trustee of 23 the Bruce J. Warren 2002 Revocable Trust (“Claimant”), by and through his undersigned counsel, 24 Russell W. Reynolds of Coleman & Horowitt, LLP, and Plaintiff, the United States of America 25 (“Plaintiff”), by and through its undersigned counsel, Kevin C. Khasigian, Assistant U.S. 26 Attorney, as follows: 27 28 2 _____________________________________ STIPULATION AND WITHDRAWAL OF VERIFIED CLAIMS OF BRUCE J. WARREN 1 2 3 4 5 6 7 1. Claimant asserted a lienholder interest in the defendant property located at 19460 Fiddletown Road, Fiddletown, California, APN: 021-050-019-000. 2. Claimant asserted a lienholder interest in the defendant property located at 16481 Fiddletown Road, Fiddletown, California, APN: 014-270-026. 3. The loans have since been satisfied and Claimant no longer has an interest in the defendant 19460 Fiddletown Road and 16481 Fiddletown Road properties. 4. Accordingly, Claimant hereby withdraws its claims filed in the above-captioned 8 case on May 31, 2018, with respect to the 19460 Fiddletown Road and 16481 Fiddletown Road 9 properties [Dk. 12], and its answer filed in the above-captioned case on May 31, 2018 [Dk. 11]. 10 5. To the extent required under the Federal Rules of Civil Procedure, Rule 41(a), 11 Plaintiff agrees to dismiss with prejudice Claimant in the above-captioned case pursuant to the 12 Federal Rules of Civil Procedure, Rule 41(a). Defendant Real Property Located at 19460 13 Fiddletown Road, Fiddletown, California and Defendant Real Property Located at 16481 14 Fiddletown Road, Fiddletown, California are the in rem Defendants. 15 6. Each party hereto is to bear its own costs; and 16 7. Claimant is hereby removed from the Service List for the above-captioned case. 17 COLEMAN & HOROWITT, LLP 18 19 20 Dated: May 29, 2019. 21 22 By: /s/ Russell W. Reynolds RUSSELL W. REYNOLDS Attorneys for Bruce J. Warren, Trustee of the Bruce J. Warren 2002 Revocable Trust 23 McGREGOR W. SCOTT UNITED STATES ATTORNEY 24 25 26 27 28 Dated: May 30, 2019. /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney (Authorized by email) 3 _____________________________________ STIPULATION AND WITHDRAWAL OF VERIFIED CLAIMS OF BRUCE J. WARREN ORDER 1 2 The Court has read and considered the Stipulation of Withdrawal of Verified Claim and 3 Answer by Bruce J. Warren, Trustee of the Bruce J. Warren 2002 Revocable Trust (“Claimant”), 4 and Plaintiff, United States of America (“Plaintiff”), by and through their respective counsel 5 (collectively, the “Parties”). For the reasons stated in the Stipulation and for good cause shown, 6 IT IS HEREBY ORDERED as follows: 7 1. The Stipulation is approved. 8 2. Claimant’s claim filed in the above-captioned case on May 31, 2018 [Dk. 12] is 9 10 11 hereby deemed withdrawn. 3. Claimant’s answer filed in the above-captioned case on May 31, 2018 [Dk. 11] is hereby deemed withdrawn. 12 4. 13 IT IS SO ORDERED. 14 Claimant is hereby deemed dismissed from the above-captioned case. DATED: June 4, 2019. 15 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 4 _____________________________________ STIPULATION AND WITHDRAWAL OF VERIFIED CLAIMS OF BRUCE J. WARREN

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