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

Filing 60

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 10/13/22 LIFTING STAY regarding the real property located at 3945 Shining Star Drive, Sacramento, California, Sacramento County, APN: 049-0403-015-0000. (Benson, A.)

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PHILLIP A. TALBERT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for the United States

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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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Plaintiff,

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2:18−CV−00809-KJM−CKD

v.
REAL PROPERTY LOCATED 12497
CLAY STATION ROAD, HERALD,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 152-0120-008-0000, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO, ET AL.,

STIPULATION FOR PARTIAL LIFT
OF STAY AND ORDER

Defendants.

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The United States and claimant Hong Jun Jiang, through their respective counsel, hereby stipulate

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20 and request the Court to lift the stay for the limited purpose of filing settlement documents for real
21 property located at 3945 Shining Star Drive, Sacramento, California, Sacramento County, APN: 04922 0403-015-0000 (“defendant Shining Star Drive”). The parties anticipate that, if granted, the settlement
23 documents would close the case against defendant Shining Star Drive. Thus, the stay would no longer be
24 necessary for this property.1
Loan Oak Fund, LLC filed a Claim asserting a lienholder interest in defendant Shining Star Drive.

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26 Claimant Hong Jun Jiang filed a Claim and Answer to the Complaint regarding defendant Shining Star
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The case would remain stayed as to the other five In Rem Defendants. This request is limited to defendant Shining Star

28 Drive.

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Stipulation for Partial Lift of Stay and Order

1 Drive. No other party has filed a claim asserting an interest in defendant Jasper Court.
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On July 10, 2019, escrow closed for defendant Shining Star Drive. Loan Oak Fund, LLC was

3 paid in full through escrow. Loan Oak Fund, LLC withdrew their Claim on July 31, 2019.
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The United States and claimant Hong Jun Jiang have reached a settlement regarding the net

5 proceeds from the sale of the Shining Star Drive property.
6 Dated: 9/15/2022
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PHILLIP A. TALBERT
United States Attorney
By:

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10 Dated: 10-3-2022
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Ernest Chen
ERNEST CHEN
Attorney for claimant Hong Jun Jiang
(Signature retained by attorney)

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ORDER

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For the reasons set forth above, the stay is lifted regarding the real property located at 3945

16 Shining Star Drive, Sacramento, California, Sacramento County, APN: 049-0403-015-0000.
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IT IS SO ORDERED.

18 DATED: October 13, 2022.
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Stipulation for Partial Lift of Stay and Order