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

Filing 62

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/18/19 ORDERING that the stay is lifted regarding the real property located at 8620 Port Haywood Way, Sacramento, California, Sacramento County, APN: 117-0970-086- 0000. The stay shall remain in effect as to the other eight In Rem defendants. (Kaminski, H)

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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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Plaintiff,

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2:18−CV−00763−KJM−CKD

v.

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REAL PROPERTY LOCATED AT 10170
PATTI WAY, ELK GROVE,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 132-0910-069-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO, ET
AL.,

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STIPULATION FOR PARTIAL LIFT
OF STAY AND ORDER

Defendants.

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The United States and Claimant Yue E. Chen, through their respective counsel, hereby stipulate

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21 and request the Court to lift the stay for the limited purpose of filing settlement documents for real
22 property located at 8620 Port Haywood Way, Sacramento, California, Sacramento County, APN: 11723 0970-086-0000, (“defendant Port Haywood Way”). The parties anticipate that, if granted, the settlement
24 documents would close the case against defendant Port Haywood Way. Thus, the stay would no longer
25 be necessary for this property.1
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The case would remain stayed as to the other eight In Rem Defendants. This request is limited to defendant Port Haywood

28 Way.

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Stipulation for Partial Lift of Stay and Order

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Scott G. McConaughey and Carina M. McConaughey, Trustees, filed a claim asserting a

2 lienholder interest in defendant Port Haywood Way. Claimant Yue E. Chen filed a Verified Statement of
3 Interest in defendant Port Haywood Way. No other party has filed a claim asserting an interest in
4 defendant Port Haywood Way.
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On October 24, 2018, escrow closed for defendant Port Haywood Way. Scott G. McConaughey

6 and Carina M. McConaughey were paid in full through escrow. Scott G. McConaughey and Carina M.
7 McConaughey withdrew their claim on September 4, 2019.
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The United States and claimant Yue E. Chen have reached a settlement regarding the net proceeds

9 from the sale of the Port Haywood Way property.
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11 Dated: 9/5/2019
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McGREGOR W. SCOTT
United States Attorney
By:

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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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/s/ David P. Foos
DAVID P. FOOS
Attorney for claimant Yue E. Chen

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(Authorized by email)

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ORDER
For the reasons set forth above, the stay is lifted regarding the real property located at 8620 Port

22 Haywood Way, Sacramento, California, Sacramento County, APN: 117-0970-086-0000. The stay shall
23 remain in effect as to the other eight In Rem defendants.
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IT IS SO ORDERED

25 DATED: September 18, 2019.
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UNITED STATES DISTRICT JUDGE

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Stipulation for Partial Lift of Stay and Order