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

Filing 65

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/3/19 APPROVING 64 Stipulation and Proposed Order; DEEMING 15 Claim and 16 Answer WITHDRAWN; and DISMISSING claimant from the case. Pensco Trust Company, Inc. terminated. (Coll, A)

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EDWARD T. WEBER, ESQ. #194963
LAW OFFICES OF EDWARD T. WEBER
17151 Newhope Street, Suite 203
Fountain Valley, CA 92708
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Mortgagee/Lienholder/Claimant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

No.: 2:18-cv-00808-KJM-CKD

Plaintiff,
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v.
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STIPULATION AND WITHDRAWAL OF
VERIFIED CLAIM AND ANSWER OF
LIENHOLDER, PENSCO TRUST
COMPANY, INC., CUSTODIAN FBO
QUINTON GOPEN IRA: 70002362 AS TO
AN UNDIVIDED 43.706% INTEREST
AND STUART COPEN, TRUSTEE OF
THE GOPEN FAMILY TRUST AS TO AN
UNDIVIDED 20.979% INTEREST AND
ROBERT GOPEN, TRUSTEE OF
GLORIA R. GOPEN MARITAL TRUST
AS TO AN UNDIVIDED 17.832%
INTEREST AND ROBERT L. GOPEN,
TRUSTEE OF THE R.L. GOPEN TRUST
DATED 3/11/1986 AS TO AN UNDIVIDED
17.483% INTEREST; ORDER

REAL PROPERTY LOCATED AT 211
HEBRON CIRCLE, SACRAMENTO,
CALIFORNIA 95835, SACRAMENTO
COUNTY, APN: 225-1590-086-0000
INCLUDING ALL APPURTENANCES AND
IMPROVEMENTS THERETO, ET AL.
Defendant.

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IT IS HEREBY STIPULATED by and between claimant, PENSCO TRUST

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COMPANY, INC., CUSTODIAN FBO QUINTON GOPEN IRA: 70002362 AS TO AN

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UNDIVIDED 43.706% INTEREST AND STUART COPEN, TRUSTEE OF THE GOPEN
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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF PENSCO TRUST CO, ET AL.

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FAMILY TRUST AS TO AN UNDIVIDED 20.979% INTEREST AND ROBERT GOPEN,

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TRUSTEE OF GLORIA R. GOPEN MARITAL TRUST AS TO AN UNDIVIDED 17.832%

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INTEREST AND ROBERT L. GOPEN, TRUSTEE OF THE R.L. GOPEN TRUST

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DATED 3/11/1986 AS TO AN UNDIVIDED 17.483% INTEREST (“Claimant”), by and
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through her undersigned counsel, Edward T. Weber, and Plaintiff, the United States of America

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(“Plaintiff”), by and through its undersigned counsel, Kevin C. Khasigian, Assistant U.S.

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Attorney, as follows:

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1.

Claimant asserted a lienholder interest in the defendant property located at

211 HEBRON CIRCLE, SACRAMENTO, CALIFORNIA 95835, SACRAMENTO COUNTY,
APN: 225-1590-086-0000.

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2.

Claimant filed an answer to the complaint in this case on 5/22/2018.

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The loan has since been satisfied and Claimant no longer has an interest in the

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defendant real property located at 211 HEBRON CIRCLE, SACRAMENTO, CALIFORNIA
95835, SACRAMENTO COUNTY, APN: 225-1590-086-0000.
4.

Accordingly, Claimant hereby withdraws its claim filed in the above-captioned

case on May 21, 2018, with respect to 211 HEBRON CIRCLE, SACRAMENTO, CALIFORNIA
95835, SACRAMENTO COUNTY property [Dk. 15], and its answer filed in the above-captioned
case on May 22, 2018 [Dk. 16].

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5.

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

Plaintiff agrees to dismiss with prejudice Claimant in the above-captioned case pursuant to the
Federal Rules of Civil Procedure, Rule 41(a). Defendant Real Property Located at 211
HEBRON CIRCLE, SACRAMENTO, CALIFORNIA 95835, SACRAMENTO COUNTY is the
in rem Defendant.

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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF PENSCO TRUST CO, ET AL.

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6.

Each party hereto is to bear its own costs; and

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7.

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

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LAW OFFICES OF EDWARD T. WEBER

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Dated: September 3, 2019

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By:

/s/ Edward T. Weber____________
EDWARD T. WEBER, ESQ.
Attorneys for Lienholder/Claimant

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McGREGOR W. SCOTT
UNITED STATES ATTORNEY

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Dated: September 3, 2019

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
(Authorized by email)

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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF PENSCO TRUST CO, ET AL.

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ORDER

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

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Answer by PENSCO TRUST COMPANY, INC., CUSTODIAN FBO QUINTON GOPEN IRA:

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70002362 AS TO AN UNDIVIDED 43.706% INTEREST AND STUART GOPEN,1 TRUSTEE

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OF THE GOPEN FAMILY TRUST AS TO AN UNDIVIDED 20.979% INTEREST AND

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ROBERT GOPEN, TRUSTEE OF GLORIA R. GOPEN MARITAL TRUST AS TO AN

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UNDIVIDED 17.832% INTEREST AND ROBERT L. GOPEN, TRUSTEE OF THE R.L.

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GOPEN TRUST DATED 3/11/1986 AS TO AN UNDIVIDED 17.483% INTEREST

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

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respective counsel (collectively, the “Parties”). For the reasons stated in the Stipulation and for

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good cause shown,

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IT IS HEREBY ORDERED as follows:

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1.

The Stipulation is approved.

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2.

Claimant’s claim filed in the above-captioned case on May 21, 2018 [Dk. 15] is

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hereby deemed withdrawn.

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3.

Claimant’s answer filed in the above-captioned case on May 22, 2018 [Dk. 16] is

hereby deemed withdrawn.

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4.

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IT IS SO ORDERED.

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DATED: September 3, 2019.

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

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UNITED STATES DISTRICT JUDGE

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Although the stipulation repeatedly refers to “Stuart Copen,” the answer and claim indicate “Stuart Gopen” is
correct.

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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF PENSCO TRUST CO, ET AL.