USA v. Real Property located at 653 Main Avenue, Sacramento, California, Sacramento County, APN: 226-0240-037-0000 et al

Filing 63

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/29/19 APPROVING 62 Stipulation and Proposed Order for Withdrawal; WITHDRAWING 19 Claim, 20 Answer, and 37 Amended Answer; and DISMISSING claimant Socotra Fund, LLC from the case. Socotra Fund, LLC terminated. (Coll, A)

1
2
3
4
5
6

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,
Socotra Fund, LLC

7
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

vs.

Case No. 2:18-cv-00773-KJM-CKD
STIPULATION AND
WITHDRAWAL OF VERIFIED
CLAIM, ANSWER, AND
AMENDED ANSWER OF NONPARTY LIENHOLDER, SOCOTRA
FUND, LLC

REAL PROPERTY LOCATED AT 653
MAIN AVENUE, SACRAMENTO,
Complaint Filed: April 4, 2018
CALIFORNIA, SACRAMENTO
COUNTY, APN: 226-0240-037-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,

19
20
21
22
23
24
25
26
27
28

REAL PROPERTY LOCATED AT
8656 DAIMLER WAY,
SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 1150680-059-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT
12660 SHARON BEE LANE,
HERALD, CALIFORNIA,
SACRAMENTO COUNTY, APN: 1520130-057-0000, INCLUDING ALL
1
STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM, ANSWER, AND AMENDED ANSWER OF
NON-PARTY LIENHOLDER, SOCOTRA FUND, LLC

1

APPURTENANCES AND
IMPROVEMENTS THERETO,

2
3
4
5
6

REAL PROPERTY LOCATED AT
22698 N. SOWLES ROAD, ACAMPO,
CALIFORNIA, SAN JOAQUIN
COUNTY, APN: 007-370-09-000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,

7
8
9
10
90 Discovery
Irvine, California 92618
T: [phone]; F: [phone]

Geraci Law Firm

11
12
13
14
15
16

REAL PROPERTY LOCATED AT
23900 N. BRYANT ROAD, ACAMPO,
CALIFORNIA, SAN JOAQUIN
COUNTY, APN: 007-070-470-000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT
4700 BLOSSOM RANCH DRIVE, ELK
GROVE, CALIFORNIA,
SACRAMENTO COUNTY, APN: 1321060-066-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO, and

17
18
19
20
21
22

REAL PROPERTY LOCATED AT
7211 OVAR COURT, ELK GROVE,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 132-1240-062-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
Defendants.

23
24

IT IS HEREBY STIPULATED by claimant, Socotra Fund, LLC

25

(“Claimant”), by and through its undersigned counsel, Larissa A. Branes, Esq. of

26

Geraci Law Firm, and Plaintiff, the United States of America (“Plaintiff”), by and

27

through its undersigned counsel, Kevin C. Khasigian, Assistant United States

28

Attorney, as follows:
2
STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM, ANSWER, AND AMENDED ANSWER OF
NON-PARTY LIENHOLDER, SOCOTRA FUND, LLC

1.

1

Claimant asserted a lienholder interest in the defendant property located

2

at 8656 Daimler Way, Sacramento, California 95828 (“Daimler Way Property”),

3

which maintains the following legal description:
State of California, described as follows:

6

LOT 146, AS SHOWN ON THE “PLAT OF VINTAGE PARK UNIT

7

NO. 4”, RECORDED IN BOOK 168 OF MAPS, MAP NO. 17,

8

RECORDS OF SAID COUNTY.

9

EXCEPTING THEREFROM AN UNDIVIDED 50% INTEREST IN

10

AND TO ALL OIL, GAS OR OTHER HYDROCARBON

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

Real property in the unincorporated area of the County of Sacramento,

5

Geraci Law Firm

4

SUBSTANCE BELOW A DEPTH OF 500 FEET WITHOUT

12

HOWEVER, THE RIGHT OF SURFACE ENTRY, AS RESERVED

13

IN DEED RECORDED IN BOOK 840522, PAGE 280, OFFICIAL

14

RECORDS.

15

A.P.N. 115-0680-059;
2.

16
17

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

in the Daimler Way Property;
3.

18

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

19

captioned case on June 13, 2018 [Dk. 19], its answer filed in the above-captioned

20

case on June 22, 2018 [Dk. 20], and its amended answer filed in the above-captioned

21

case on July 3, 2018 [Dk. 37] with respect to the Daimler Way Property;
4.

22

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

23

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

24

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

25

Property is the in rem defendant.
5.

26
27

///

28

Each party hereto is to bear its own costs; and

///
3
STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM, ANSWER, AND AMENDED ANSWER OF
NON-PARTY LIENHOLDER, SOCOTRA FUND, LLC

1

6.

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

2

captioned case.

3
4
5

Date: July 29, 2019

6

GERACI LAW FIRM
By:

7
8
9

/s/ Larissa A. Branes
Larissa A. Branes, Esq.
Amy E. Martinez, Esq.
Alexa P. Stephenson, Esq.
Attorneys for Non-Party Lienholders,
Socotra Fund, LLC

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

Geraci Law Firm

11

Date: July 29, 2019

MCGREGOR W. SCOTT
United States Attorney

12
13
14

By:

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

15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM, ANSWER, AND AMENDED ANSWER OF
NON-PARTY LIENHOLDER, SOCOTRA FUND, LLC

ORDER

1
2

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

3

and Answer by Socotra Fund, LLC (“the Stipulation”) by Claimant, Socotra Fund,

4

LLC (“Claimant”), and Plaintiff, United States of America (“Plaintiff”), by and

5

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

6

in the Stipulation and for good cause shown,

7

IT IS HEREBY ORDERED as follows:

8

1.

The Stipulation is approved.

9

2.

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

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

Geraci Law Firm

11
12
13
14

[Dk. 19] is hereby deemed withdrawn.
3.

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

[Dk. 20] is hereby deemed withdrawn.
4.

Claimant’s amended answer filed in the above-captioned case on July

3, 2018 [Dks. 37] is hereby deemed withdrawn.

15

5.

16

IT IS SO ORDERED.

17

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

DATED: July 29, 2019.

18
19
20

UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
5
STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM, ANSWER, AND AMENDED ANSWER OF
NON-PARTY LIENHOLDER, SOCOTRA FUND, LLC