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

Filing 66

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/20/2020 WITHDRAWING 9 Claim by Lone Oak Fund, LLC. Claimant is hereby deemed DISMISSED from the above-captioned case. (Mena-Sanchez, L)

1 SIMON ARON (State Bar No. 108183)
ELSA HOROWITZ (State Bar No. 195689)
2 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
11400 West Olympic Boulevard, 9th Floor
3 Los Angeles, California 90064-1582
Telephone:
[phone]
Facsimile:
[phone]
4

5 Attorneys for Claimant LONE OAK FUND, LLC
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

10
11 UNITED STATES OF AMERICA,
Plaintiff,

12
13

vs.

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

Case No. 2:18-CV-00763-KJM-CKD
STIPULATION AND ORDER TO
WITHDRAW VERIFIED CLAIM OF
LONE OAK FUND, LLC
(Assigned Hon. Kimberly J. Mueller)
Trial Date:

None

17
Defendants.

18
19
20

IT IS HEREBY STIPULATED by and between claimant, Lone Oak Fund, LLC

21 (“Claimant”), by and through its counsel of record, Simon Aron, Esq., of Wolf, Rifkin, Shapiro,
22 Schulman & Rabkin, LLP, and Plaintiff, the United States of America (“Plaintiff”), by and
23 through its undersigned counsel, Kevin C. Khasigian, Assistant United States Attorney, as
24 follows:
25

1.

Claimant asserted a lienholder interest in the defendant property located at 9009

26 FERNWAY COURT, ELK GROVE, CALIFORNIA, SACRAMENTO COUNTY, APN: 11627 1290-019-0000 (“Defendant Fernway Court”).
28

2.

Defendant Fernway Court is the in rem defendant.
STIPULATION AND ORDER TO
WITHDRAW VERIFIED CLAIM

3.

1

Claimant’s lien has since been satisfied and Claimant no longer has an interest in

2 Defendant Fernway Court.
4.

3

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

4 case on May 29, 2018, [Dk. #9] with respect to Defendant Fernway Court.
5.

5

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

6 agrees to dismiss with prejudice Claimant in the above-captioned case pursuant to Federal Rules
7 of Civil Procedure, Rule 41(a).
8

6.

Each party hereto is to bear its own costs.

9

7.

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

10 DATED: February 13, 2020
11

WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP

12
13
14

By:

/s/ Simon Aron
SIMON ARON
Attorneys for Claimant LONE OAK FUND, LLC

15
16
17 DATED: February 13, 2020
18

MCGREGOR W. SCOTT
United States Attorney

19
20

By:

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

21
22
23
24
25
26
27
28
3975986.1

-2-

STIPULATION AND ORDER TO
WITHDRAW VERIFIED CLAIM

ORDER

1

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

2

3 Lone Oak Fund, LLC (“Claimant”), and Plaintiff, United States of America (“Plaintiff”), by and
4 through their respective counsel (collectively, the “Parties”). For the reasons stated in the
5 Stipulation and for good cause shown,
6

IT IS HEREBY ORDERED as follows:

7

1.

The Stipulation is approved.

8

2.

Notwithstanding the stay in this case, see ECF No. 41, Claimant’s claim filed in the

9 above-captioned case on May 29, 2018, ECF No. 9, is hereby deemed withdrawn.
10

3.

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

11

IT IS SO ORDERED.

12
13 Date: February 20, 2020.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3975986.1

-3-

STIPULATION AND ORDER TO
WITHDRAW VERIFIED CLAIM