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

Filing 60

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/3/2019 APPROVING 59 Stipulation. Claimants' 10 Verified Claim is hereby DEEMED WITHDRAWN. Claimants are hereby DEEMED DISMISSED from the above-captioned case. (York, M)

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Scott G. McConaughey and Carina M. McConaughey, Trustees
c/o Capital Finance
589 Tahoe Keys Blvd. #E-7
South Lake Tahoe, CA 96150
Telephone: [phone]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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Plaintiff,

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2:18-CV-00763-KJM-CKD

UNITED STATES OF AMERICA,

v.
REAL PROPERTY LOCATED AT 10170
PATTI WAY, ELK GROVE, CALIFORNIA,
SACRAMENTO COUNTY, APN: 132-0910069-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO, ET AL.,

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STIPULATION AND ORDER TO
WITHDRAW VERIFIED CLAIM OF
LIENHOLDERS, SCOTT G.
MCCONAUGHEY AND CARINA M.
MCCONAUGHEY, TRUSTEES

Defendants.

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IT IS HEREBY STIPULATED by and between claimants, Scott G.

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McConaughey and Carina M. McConaughey, Trustees of the Scott G.

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McConaughey and Carina M. McConaughey Revocable Trust dated April 24,

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2001, and Plaintiff, the United States of America (“Plaintiff”), by and through

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its undersigned counsel, Kevin C. Khasigian, Assistant U.S. Attorney, as

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follows:

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Stipulation and Order To Withdraw Claim

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1.

Claimants asserted a lienholder interest in the defendant property

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located at 8620 Port Haywood Way, Sacramento, CA, APN: 117-0970-086-

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0000 (“Defendant Port Haywood”).

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2.

The loan has since been satisfied and Claimants no longer have an

interest in the Defendant Port Haywood property.
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Accordingly, Claimants hereby withdraw their Claim filed May 25,

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2018 (Document 10) in the above-captioned case with respect to the Defendant

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Port Haywood property.

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

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Defendant Port Haywood is the in rem defendant.
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5.

Each party hereto is to bear its own costs.

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Claimants are hereby removed from the Service List for the above-

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captioned case.
Date: August 27, 2019

By:

/s/ Scott G. McConaughey
SCOTT G. MCCONAUGHEY
TRUSTEE

Date: August 27, 2019

By:

/s/ Carina M. McConaughey
CARINA M. MCCONAUGHEY
TRUSTEE

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Date: September 3, 2019

McGREGOR W. SCOTT
United States Attorney
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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Stipulation and Order To Withdraw Claim

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ORDER

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The Court has read and considered the Stipulation to Withdraw Claim by

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Scott G. McConaughey and Carina M. McConaughey, Trustees of the Scott G.

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McConaughey and Carina M. McConaughey Revocable Trust dated April 24, 2001,

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and Plaintiff, United States of America, by and through their respective counsel

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(collectively, the “Parties”). For the reasons stated in the Stipulation and for good

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cause shown, IT IS HEREBY ORDERED as follows:

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1.

The Stipulation is approved.

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2.

Claimants Verified Claim filed May 25, 2018 (Document 10) in the

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above-captioned case is hereby deemed withdrawn.

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3.

Claimants are hereby deemed dismissed from the above-captioned

case.

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IT IS SO ORDERED.

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DATED: September 3, 2019.

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UNITED STATES DISTRICT JUDGE

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Stipulation and Order To Withdraw Claim