USA v. Real Property located at 10497 Alta Mesa Road, Wilton, California, Sacramento County, APN: 136-0250-050-0000 et al

Filing 30

ORDER signed by Chief District Judge Kimberly J. Mueller on 5/12/2021 ORDERED ADJUDGED AND DECREED that Claimant's claim filed in the captioned action on 5/29/2018 [Docket No. 18 ] and answer filed on 6/18/2018 [Docket No. 19 ] as to the Defendant Property are hereby deemed WITHDRAWN. Pursuant to FRCP. 41(a), Claimant Dew Claw LLC, a Nevada limited liability company is hereby DISMISSED from this action with prejudice. (Reader, L)

1 Thomas P. Mazzucco - 139758
[e-mail]
2 Patrick J. Wingfield - 265140
[e-mail]
3 MURPHY, PEARSON, BRADLEY & FEENEY
580 California Street, Suite 1100
4 San Francisco, CA 94104
Telephone:
[phone]
5 Facsimile:
[phone]
6 Attorneys for Claimant DEW CLAW LLC
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UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10 UNITED STATES OF AMERICA,

Case No.: 2:18-CV-00798-KJM-CKD

11

STIPULATION AND ORDER RE:
WITHDRAWAL OF VERIFIED CLAIM
AND ANSWER OF NON-PARTY DEW
CLAW, LLC TO VERIFIED
COMPLAINT FOR FORFEITURE IN
REM

Plaintiff,

12 v.
13 REAL PROPERTY LOCATED AT 10497
ALTA MESA ROAD, WILTON,
14 CALIFORNIA, SACRAMENTO COUNTY,
APN: 136-0250¬050-0000, INCLUDING ALL
15 APPURTENANCESS AND IMPROVEMENTS
THERETO,
16
REAL PROPERTY LCOATED AT 13701
17 INDIO DRIVE, SLOUGHHOUSE,
CALIFORNIA, SACRAMENTO COUNTY,
18 APN: 073-0114-010-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
19 THERETO,

Action Filed: April 5, 2018
Assigned To: Hon. Kimberly J. Mueller
Referred To: Hon. Carolyn K. Delaney
Trial Date: None Set

20 REAL PROPERTY LOCATED AT 11709
COLONY ROAD, GALT, CALIFORNIA,
21 SACRAMENTO COUNTY, APN: 138-0090092-0000, INCLUDING ALL
22 APPURTENANCES AND IMPROVEMENTS
THERETO,
23
Defendants.
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The United States of America and DEW CLAW LLC, A NEVADA LIMITED LIABILITY COMPANY

26 (“Claimant”) hereby stipulate and agree, by and through their attorneys of record, as follows:
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1.

The defendant property subject to this stipulation is as follows (“Defendant Property”):

28 The real property located at 11709 Colony Road, Galt, California 95632, APN: 138-0090-092, including
STIPULATION AND ORDER RE: WITHDRAWAL OF VERIFIED CLAIM AND
ANSWER OF NON-PARTY DEW CLAW LLC

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Case No. 2:18-CV-00798KJM-CKD

1 all appurtenances and improvements thereto.
2

2.

On April 5, 2018 the United States filed a Verified Complaint for Forfeiture In Rem

3 (“Complaint”) alleging that the Subject Property, including any right, title and interest in the whole of
4 any lot or tract of land and any appurtenances or improvements thereon, is subject to forfeiture to the
5 United States pursuant to 21 U.S.C. § 881(a)(6) and (a)(7).
6

3.

At the time the Complaint was filed, the record owner of the Defendant Property was

7 CHARISMA 18 AVE REALTY, INC., A NEW YORK CORPORATION (“Borrower”).
8

4.

On May 29, 2018, Claimant filed a claim in this action alleging a lien holder interest in

9 the Defendant Property [Docket No. 18].
10

5.

On June 18, 2018, Claimant filed a Verified Answer to Verified Complaint for Forfeiture

11 in Rem in this action [Docket No. 19].
12

6.

On or about January 21, 2021, the Defendant Property was sold.

13

7.

Notwithstanding the foregoing, Claimant hereby withdraws its claim and Answer filed in

14 the above-captioned action with respect to the Defendant Property.
15

8.

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

16 States of America agrees to dismiss with prejudice Claimant in the above-captioned action pursuant to
17 Federal Rules of Civil Procedure, Rule 41(a). Defendant Property is in the in rem defendant.
18

9.

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

19

10.

Each party hereto is to bear his, her, and its own fees and costs.

20 Dated: April 28, 2021

MURPHY, PEARSON, BRADLEY & FEENEY

21
22

By: /s/ Patrick J. Wingfield
Thomas P. Mazzucco
Patrick J. Wingfield
Attorneys for Claimant Dew Claw LLC

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24
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Dated: April 28, 2021

PHILLIP A. TALBERT
Acting United States Attorney

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By: /s/ Kevin C. Khasigian (with permission)
Kevin C. Khasigian
Assistant United States Attorney
STIPULATION AND ORDER RE: WITHDRAWAL OF VERIFIED CLAIM AND
ANSWER OF NON-PARTY DEW CLAW LLC

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Case No. 2:18-CV-00798KJM-CKD

1

ORDER

2

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

3

1.

The Stipulation is hereby GRANTED and APPROVED.

4

2.

Claimant’s claim filed in the above-captioned action on May 29, 2018 [Docket No. 18]

5 and answer filed on June 18, 2018 [Docket No. 19] as to the Defendant Property are hereby deemed
6 withdrawn.
7

3.

Pursuant to F.R.C.P. 41(a), Claimant Dew Claw LLC, a Nevada limited liability company

8 is hereby dismissed from this action with prejudice.
9

IT IS SO ORDERED.

10 DATED: May 12, 2021.
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STIPULATION AND ORDER RE: WITHDRAWAL OF VERIFIED CLAIM AND
ANSWER OF NON-PARTY DEW CLAW LLC

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Case No. 2:18-CV-00798KJM-CKD