USA v. 12497 Clay Station Road, Herald, CA et al

Filing 49

ORDER signed by District Judge Kimberly J. Mueller on 7/30/2019 APPROVING the 48 Stipulation. Claimant's 13 claim filed on 5/11/2018 is hereby deemed WITHDRAWN. Claimant, Lone Oak Fund, LLC, is hereby deemed DISMISSED. (Zignago, K.)

1 SIMON ARON (State Bar No. 108183)
ELSA HOROWITZ (State Bar No. 195689)
2 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
11400 West Olympic Boulevard, 9th Floor
3 Los Angeles, California 90064-1582
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Claimant LONE OAK FUND,
LLC
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
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11 UNITED STATES OF AMERICA,
Plaintiff,

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vs.

14 REAL PROPERTY LOCATED 12497
CLAY STATION ROAD, HERALD,
15 CALIFORNIA, SACRAMENTO
COUNTY, APN: 152-0120-008-0000,
16 INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
17
REAL PROPERTY LOCATED 1
18 THISTLE COURT, SACRAMENTO,
CALIFORNIA, SACRAMENTO
19 COUNTY, APN: 049-0430-009-0000,
INCLUDING ALL APPURTENANCES
20 AND IMPROVEMENTS THERETO,

Case No. 2:18-CV-00809-KJM-CKD
STIPULATION AND WITHDRAWAL
OF VERIFIED CLAIM OF
LIENHOLDER, LONE OAK FUND,
LLC
(Assigned Hon. Kimberly J. Mueller)
Trial Date:

None

21 REAL PROPERTY LOCATED 1240 E.
LEFORD WAY, SACRAMENTO,
22 CALIFORNIA, SACRAMENTO
COUNTY, APN: 215-0140-044-0000,
23 INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
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REAL PROPERTY LOCATED 1933
25 LEFORD WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO
26 COUNTY, APN: 052-0270-044-0000,
INCLUDING ALL APPURTENANCES
27 AND IMPROVEMENTS THERETO,
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WITHDRAWAL OF VERIFIED CLAIM
FOR LONE OAK FUND, LLC

1
REAL PROPERTY LOCATED 410
2 LAMPASAS AVENUE, SACRAMENTO,
CALIFORNIA, SACRAMENTO
3 COUNTY, APN: 263-0190-002-0000,
INCLUDING ALL APPURTENANCES
4 AND IMPROVEMENTS THERETO, and
5 REAL PROPERTY LOCATED 3945
SHINING STAR DRIVE,
6 SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 0497 0403-015-0000, INCLUDING ALL
APPURTENANCES AND
8 IMPROVEMENTS THERETO,
Defendants.

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IT IS HEREBY STIPULATED by and between claimant, Lone Oak Fund, LLC

11 (“Claimant”), by and through its counsel of record, Simon Aron, Esq., of Wolf, Rifkin,
12 Shapiro, Schulman & Rabkin, LLP, and Plaintiff, the United States of America
13 (“Plaintiff”), by and through its undersigned counsel, Kevin C. Khasigian, Assistant
14 United States Attorney, as follows:
15

1.

Claimant asserted a lienholder interest in the defendant property located at

16 3945 Shining Star Drive, Sacramento, California, Sacramento County, APN: 049-040317 015-0000 (“Defendant Shinning Star”), which maintains the legal description attached
18 hereto as Exhibit “A”.
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2.

Defendant Shinning Star is the in rem defendant.

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3.

Claimant’s lien has since been satisfied and Claimant no longer has an

21 interest in Defendant Shinning Star.
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4.

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

23 captioned case on May 18, 2018, [Dk. #13] with respect to Defendant Shinning Star.
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5.

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

25 Plaintiff agrees to dismiss with prejudice Claimant in the above-captioned case pursuant to
26 Federal Rules of Civil Procedure, Rule 41(a).
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6.

Each party hereto is to bear its own costs.

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STIPULATION AND
WITHDRAWAL
3740892.1

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7.

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

2 case.
3 DATED: July 25, 2019
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WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP

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By: /s/ Simon Aron
SIMON ARON
Attorneys for Claimant LONE OAK FUND, LLC

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10 DATED: July 26, 2019
11

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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STIPULATION AND
WITHDRAWAL
3740892.1

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ORDER

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

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3 “Stipulation”) by Lone Oak Fund, LLC, (“Claimant”), and Plaintiff, United States of America
4 (“Plaintiff”). For the reasons stated in the Stipulation and for 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 11, 2018 [Dk. #15] is

8 hereby deemed withdrawn.
3.

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

IT IS SO ORDERED.

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11 DATED: July 30, 2019.
12
UNITED STATES DISTRICT JUDGE

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STIPULATION AND
WITHDRAWAL
3740892.1

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