USA v. Real Property located at 7661 Fey Way, Elk Grove, California, Sacramento County, APN: 132-2450-006-0000 et al

Filing 34

ORDER signed by District Judge Kimberly J. Mueller on 7/30/2019 APPROVING 33 Stipulation. Claimant's 5 claim filed on 6/8/2018 is hereby deemed WITHDRAWN. Claimant, PS Funding, Inc., is hereby deemed DISMISSED. (Zignago, K.)

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WALTER F. BROWN. JR. (STATE BAR NO. 130248)
SHARON E. FRASE (STATE BAR NO. 282923)
ORRICK, HERRINGTON & SUTCLIFFE LLP
405 Howard Street
San Francisco, California 94105
Telephone: [phone]
Facsimile:
415-773-5759
[e-mail]
[e-mail]
Attorneys for Defendant
PS FUNDING, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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Case No. 2:18-CV-00774-KJM-CKD
STIPULATION OF WITHDRAWAL
OF CLAIM AS TO PS FUNDING, INC.

v.
REAL PROPERTY LOCATED AT 7661
FEY WAY, ELK GROVE, CALIFORNIA,
SACRAMENTO COUNTY, APN: 132-2450006-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT 9268
TROUT WAY, ELK GROVE,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 116-1470-018-0000, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO, and
REAL PROPERTY LOCATED AT 9185
GRANT LINE ROAD, ELK GROVE,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 134-0460-004-0000, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO,
Defendants.

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STIPULATION OF WITHDRAWAL
AS TO CLAIMANT PS FUNDING, INC.
CASE NO. 2:18-CV-00774-KJM-CKD

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IT IS HEREBY STIPULATED by and between Plaintiff UNITED STATES OF
AMERICA (“Plaintiff”) and Claimant PS FUNDING, INC. (“Claimant”) as follows:
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That Claimant asserted a lienholder interest in defendant property located at 7661

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Fey Way in Elk Grove, California (“Defendant Fey Way”). The loan has since been satisfied and

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the Claimant no longer has an interest in Defendant Fey Way. Accordingly, Claimant hereby

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withdraws its claim filed in this Action with respect to the real property located at 7661 Fey Way,

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Elk Grove, California, Sacramento County, APN: 132-2450-006-0000 (the “Property”); and

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2.

To the extent required under F.R.C.P. 41(a), the United States agrees to dismiss

with prejudice the Claimant in this Action pursuant to F.R.C.P. 41(a). The Defendant Fey Way is
the in rem defendant.

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3.

That each party hereto is to bear his, her and its own costs.

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4.

That Claimant be removed from the Service List for this matter.

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Dated: July 24, 2019
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WALTER F. BROWN, JR.
SHARON E. FRASE
Orrick, Herrington & Sutcliffe LLP

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By:
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/s/ Sharon E. Frase
SHARON E. FRASE
Attorneys for Defendant
PS FUNDING, INC.

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Dated: July 24, 2019
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MCGREGOR W. SCOTT
United States Attorney

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By:

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

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STIPULATION OF WITHDRAWAL
AS TO CLAIMANT PS FUNDING, INC.
CASE NO. 2:18-CV-00774-KJM-CKD

ORDER

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

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PS Funding, Inc. (“the Stipulation”) by Claimant PS Funding, Inc. (“Claimant”), and

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Plaintiff, United States of America (“Plaintiff”), by and through their respective

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counsel (collectively, the “Parties”). For the reasons stated in the Stipulation and for
good cause shown,
IT IS HEREBY ORDERED as follows:
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The Stipulation is approved.

2.

Claimant’s claim filed in the above-captioned case on June 8, 2018 [Dk.

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

DATED: July 30, 2019.

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UNITED STATES DISTRICT JUDGE

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STIPULATION OF WITHDRAWAL
AS TO CLAIMANT PS FUNDING, INC.
CASE NO. 2:18-CV-00774-KJM-CKD