United States of America v. Real Property located at 4343 North Forty, Lincoln, California, Placer County, APN: 031-310-028-000 et al

Filing 63

ORDER signed by District Judge Kimberly J. Mueller on 6/9/2019 DEEMED WITHDRAWN 26 Claimants' claim, and 35 Claimants' Answer. DISMISSING Claimants Stephen M. Ward, Pensco Trust Company and Debra L. Ward. (Reader, L)

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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 Lienholders

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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2:18-CV-00808-KJM-CKD

Plaintiff,
v.
REAL PROPERTY LOCATED 4343 NORTH
FORTY ROAD, LINCOLN, CALIFORNIA,
PLACER COUNTY, APN: 031-310-028-000,
INCLUDING ALL APPURTENANCES AND
IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED 1 RANCHO
TORRE COURT, SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 040-0190-0550000, INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,

STIPULATION AND WITHDRAWAL OF
VERIFIED CLAIM AND ANSWER OF
STEPHEN M WARD AND DEBRA L
WARD, CO-TRUSTEES OR THEIR
SUCCESSORS IN TRUST, UNDER THE
WARD FAMILY LIVING TRUST DATED
4/10/04 AS TO AN UNDIVIDED
75.06667°/o INTEREST AND PENSCO
TRUST COMPANY CUSTODIAN FBO
GAYLE ANSELL IRA AS TO AN
UNDIVIDED 24.93333°/o INTEREST IN
THE REAL PROPERTY LOCATED AT
4343 NORTH FORTY ROAD

REAL PROPERTY LOCATED 13373 BENNETT
ROAD, HERALD, CALIFORNIA,
SACRAMENTO COUNTY, APN: 152-0120-0220000, INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED 211 HEBRON
CIRCLE, SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 225-1590-0860000, INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED 4909 WINAMAC
DRIVE, SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 225-1800-0560000, INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
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Withdrawal of Claim and Answer

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REAL PROPERTY LOCATED 5371 ONTARIO
STREET, SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 023-0275-0150000, INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED 7471 53RD
AVENUE, SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 040-0240-0510000, INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO, and
REAL PROPERTY LOCATED 9217
SILVERDALE COURT, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY, APN:
121-0810-047-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,

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Defendants.
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IT IS HEREBY STIPULATED by and between the United States and Claimants Stephen M Ward

13 and Debra L Ward, Co-Trustees, or their successors in trust, under the Ward Family Living Trust
14 dated 4/10/04 as to an undivided 75.06667% interest, and Pensco Trust Company Custodian FBO Gayle
15 Ansell, IRA as to an undivided 24.93333% interest (collectively, “Claimants”) as follows:
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1.

Claimants asserted a lienholder interest in the defendant property located at 4343 North

17 Forty Road, Lincoln, California, 95648 (“Defendant Property”).
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2.

The loan has since been satisfied and Claimants no longer have an interest in Defendant

19 Property.
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3.

Accordingly, Claimants hereby withdraw their claim filed in the above captioned case on

21 June 13, 2018 [Dk. 26] and their answer filed in the above-captioned case on June 25, 2018 [Dk. 35].
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4.

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

23 States agrees to dismiss with prejudice Claimants in the above-captioned case pursuant to the Federal
24 Rules of Civil Procedure, Rule 41(a). Defendant Property is one of the in rem defendants.
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5.

Each party hereto is to bear its own costs.

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Withdrawal of Claim and Answer

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6.

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

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GERACI LAW FIRM

4 Date: 5/21/2019

By:

/s/ Larissa A. Branes
Larissa A. Branes, Esq.
Amy E. Martinez, Esq.
Alexa P. Stephenson, Esq.
Attorneys for Lienholders, STEPHEN M WARD
AND DEBRA L WARD, CO- TRUSTEES, OR
THEIR SUCCESSORS IN TRUST, UNDER
THE WARD FAMILY LIVING TRUST DATED
4/10/04 AS TO AN UNDIVIDED 75.06667%
INTEREST AND PENSCO TRUST COMPANY
CUSTODIAN FBO GAYLE ANSELL, IRA AS
TO AN UNDIVIDED 24.93333% INTEREST

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Date: 5/20/2019

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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ORDER
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

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1.

The Stipulation is approved.

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2.

Claimants’ claim filed in the above-captioned case on June 13, 2018 [Dk. 26] is hereby

21 deemed withdrawn.
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3.

Claimants’ answer filed in the above-captioned case on June 25, 2018 [Dk. 35] is hereby

23 deemed withdrawn.
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4.

Claimants are hereby deemed dismissed from the above-captioned case.

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IT IS SO ORDERED.

26 DATED: June 9, 2019.
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UNITED STATES DISTRICT JUDGE

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Withdrawal of Claim and Answer