USA v. Real Property located at 2033 Bastona Drive, Elk Grove, California, Sacramento County, APN: 119-1860-037-0000 et al

Filing 35

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/22/19 GRANTING the 34 Stipulation for Withdrawal of Verified Claim of Lienholders James Bennett Keegan, Jr. and Diane Elaine Keegan, Trustees of the Keegan Family Trust Dated 9/4/1997; WITHDRAWING Claimants Verified Claim filed 5/30/18 7 ; and DISMISSING Claimants from the above-captioned case. (Becknal, R)

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CLAYTON E. CLEMENT State Bar No. 42751
DAVIN R. BACHO State Bar No. 282613
CLEMENT, FITZPATRICK & KENWORTHY
3333 Mendocino Avenue, Suite 200
Santa Rosa, California 95403
Telephone: [phone] Facsimile: [phone]
Email: [e-mail] [e-mail]
Attorneys for Claimants James Bennett Keegan Jr.
and Diane Elaine Keegan, Trustees of the Keegan
Family Trust Dated 9/4/1997

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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-00799-KJM-CKD

v.
REAL PROPERTY LOCATED AT 2033
BASTONA DRIVE, ELK GROVE,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 119-1860-037-000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO, et al.

STIPULATION AND ORDER TO
WITHDRAW VERIFIED CLAIM OF
LIENHOLDERS, JAMES BENNETT
KEEGAN JR. AND DIANE ELAINE
KEEGAN, TRUSTEES

Defendants.

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IT IS HEREBY STIPULATED by and between claimants James Bennett Keegan, Jr.

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and Diane Elaine Keegan, Trustees of the Keegan Family Trust Dated 9/4/1997 (“Claimants”), by

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

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its undersigned counsel, Kevin C. Khasigian, Assistant U.S. Attorney, as follows:

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1. Claimants asserted a lienholder interest in the defendant property located at

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5759 Muskingham Way, Sacramento, CA 95823; APN: 117-1280-034-0000

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(“Defendant Muskingham property”).

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2. The loan has since been satisfied and Claimants no longer have an interest in
the Defendant Muskingham property.
STIPULATION AND ORDER TO WITHDRAW CLAIM
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3. Accordingly, Claimants hereby withdraw their Claim filed May 30, 2018

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(Document 7) in the above-captioned case with respect to the Defendant

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Muskingham property.

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

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Plaintiff agrees to dismiss with prejudice Claimants in the above-captioned case

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pursuant to the Federal Rules of Civil Procedure, Rule 41(a). Defendant

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Muskingham property is the in rem defendant.

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5. Each party hereto is to bear its own costs.

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6. Claimants are hereby removed from the Service List for the above-captioned

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case.

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Date: July 15, 2019

CLEMENT, FITZPATRICK & KENWORTHY
By:

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Date: July 17, 2019

/s/ Clayton E. Clement
Clayton E. Clement
Attorneys for Claimants James Bennett
Keegan, Jr. and Diane Elaine Keegan,
Trustees of the Keegan Family Trust Dated
9/4/1997
McGREGOR W. SCOTT
United States Attorney

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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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ORDER

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The Court has read and considered the Stipulation to Withdraw Claim by James Bennett

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Keegan, Jr. and Diane Elaine Keegan, Trustees of the Keegan Family Trust Dated 9/4/1997, and

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Plaintiff, United States of America, by and through their respective counsel (collectively, the

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“Parties”). For the reasons stated in the Stipulation and for good cause shown, IT IS HEREBY

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ORDERED as follows:

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1. The Stipulation is approved.

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2. Claimants Verified Claim filed May 30, 2018 (Document 7) in the above-

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captioned case is hereby deemed withdrawn.
STIPULATION AND ORDER TO WITHDRAW CLAIM
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3. Claimants are hereby deemed dismissed from the above-captioned case.
IT IS SO ORDERED.
DATED: July 22, 2019.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO WITHDRAW CLAIM
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