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

Filing 38

ORDER signed by District Judge Kimberly J. Mueller on 9/6/2019 ORDERING that the stay is LIFTED regarding the real property located at xxxx Trout Way, Elk Grove, California. (Reader, L)

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4 McGREGOR W. SCOTT United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 15 16 17 2:18−CV−00774-KJM−CKD v. REAL PROPERTY LOCATED AT 7661 FEY WAY, ELK GROVE, CALIFORNIA, SACRAMENTO COUNTY, APN: 1322450-006-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, ET AL., STIPULATION FOR PARTIAL LIFT OF STAY AND ORDER Defendants. 18 19 The United States and Claimants Dennis Guy Wentz and Laura Jane Wentz, through their 20 respective counsel, hereby stipulate and request the Court to lift the stay for the limited purpose of filing 21 a motion for default judgment for real property located at 9268 Trout Way, Elk Grove, California, 22 (“Defendant Trout Way”). The parties anticipate that, if granted, the default judgment motion would 23 close the case against Defendant Trout Way. Thus, the stay would no longer be necessary for this 24 property.1 25 Dennis Guy Wentz and Laura Jane Wentz filed a claim asserting a lienholder interest in defendant 26 Trout Way. No other party has filed a claim asserting an interest in defendant Trout Way. De Kun 27 28 1 The case would remain stayed as to the other two In Rem Defendants, 7661 Fey Way, Elk Grove, California and 9185 Grant Line Road, Elk Grove, California. This request is limited to Defendant Trout Way in light of the unique circumstance of a person listed on title that has defaulted on the loan and failed to enter this case after being noticed. 1 Stipulation for Partial Lift of Stay and Order 1 Zheng, the person listed on title, has been served with the complaint and case documents and has failed to 2 enter the case as required by the forfeiture statutes. De Kun Zheng was present on February 21, 2018 3 when law enforcement searched Defendant Trout Way and he was arrested on state drug charges after 4 law enforcement found over one-hundred packages of processed marijuana. Further, De Kun Zheng is 5 presently in default on the loan for the defendant Trout Way. The lienholders represent that De Kun 6 Zheng is 275 days delinquent. 7 8 Dated: 9/4/2019 9 McGREGOR W. SCOTT United States Attorney By: 10 11 12 Dated: 9/4/19 13 14 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney /s/ Dennis Doss DENNIS DOSS Attorney for Claimants Dennis Guy Wentz and Laura Jane Wentz (Authorized by email) 15 16 17 18 ORDER For the reasons set forth above, the stay is lifted regarding the real property located at 9268 Trout 19 Way, Elk Grove, California. 20 IT IS SO ORDERED 21 DATED: September 6, 2019. 22 UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 2 Stipulation for Partial Lift of Stay and Order

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