USA v. Real Property located at 8744 Vytina Drive, Elk Grove, California, Sacramento County, APN: 115-1460-028-0000 et al

Filing 52

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 06/07/19 APPROVING Stipulation; Lone Oak Fund, LLC's 5 claim, filed 05/29/18, is WITHDRAWN. Lone Oak Fund, LLC is DISMISSED. (Benson, A.)

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
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
9
10
11 UNITED STATES OF AMERICA,
Plaintiff,

12
13

vs.

14 REAL PROPERTY LOCATED 8744
VYTINA DRIVE, ELK GROVE,
15 SACRAMENTO COUNTY, APN: 1151460-028-0000, INCLUDING ALL
16 APPURTENANCES AND
IMPROVEMENTS THERETO,
17
REAL PROPERTY LOCATED 6439
18 VALLEY HI DRIVE, SACRAMENTO,
CALIFORNIA, SACRAMENTO
19 COUNTY, APN: 117-0032-004-0000,
INCLUDING ALL APPURTENANCES
20 AND IMPROVEMENTS THERETO,

Case No. 2:18-CV-00825-KJM-CKD
STIPULATION AND WITHDRAWAL
OF VERIFIED CLAIM OF
LIENHOLDER, LONE OAK FUND,
LLC

Trial Date:

None

21 REAL PROPERTY LOCATED 8613
ORISON COURT, ELK GROVE,
22 CALIFORNIA, SACRAMENTO
COUNTY, APN: 121-0900-024-0000,
23 INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
24
REAL PROPERTY LOCATED 4630
25 COUNTRY SCENE WAY,
SACRAMENTO, CALIFORNIA,
26 SACRAMENTO COUNTY, APN: 1170550-004-0000, INCLUDING ALL
27 APPURTENANCES AND
IMPROVEMENTS THERETO,
28
Stipulation and Withdrawal of Verified Claim

1
REAL PROPERTY LOCATED 8139
2 VALLEY GREEN DRIVE,
SACRAMENTO, CALIFORNIA,
3 SACRAMENTO COUNTY, APN: 1170280-013-0000, INCLUDING ALL
4 APPURTENANCES AND
IMPROVEMENTS THERETO,
5
REAL PROPERTY LOCATED 3975
6 DEER CROSS WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO
7 COUNTY, APN: 119-0291-016-0000,
INCLUDING ALL APPURTENANCES
8 AND IMPROVEMENTS THERETO, and
9 REAL PROPERTY LOCATED 4713
LAGUNA WEST WAY, ELK GROVE,
10 CALIFORNIA, SACRAMENTO
COUNTY, APN: 119-0830-041-0000,
11 INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
12
Defendants.
13
14

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

15 (“Claimant”), by and through its counsel of record, Simon Aron, Esq., of Wolf, Rifkin,
16 Shapiro, Schulman & Rabkin, LLP, and Plaintiff, the United States of America
17 (“Plaintiff”), by and through its undersigned counsel, Kevin C. Khasigian, Assistant U.S.
18 Attorney, as follows:
19

1.

Claimant asserted a lienholder interest in the defendant property located at

20 8613 Orison Court, Elk Grove, California, Sacramento County, APN: 121-0900-024-0000
21 (“Defendant Orison Court”).
22

2.

Defendant Orison Court is the in rem defendant.

23

3.

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

24 Defendant Orison Court.
25

4.

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

26 captioned case on May 29, 2018, [Dk. #5] with respect to Defendant Orison Court.
27

5.

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

28 Plaintiff agrees to dismiss with prejudice Claimant in the above-captioned case pursuant to
Stipulation and Withdrawal of Verified Claim

-2-

1 Federal Rules of Civil Procedure, Rule 41(a).
2

6.

Each party hereto is to bear its own costs.

3

7.

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

4 case.
5 DATED: June 5, 2019
6

WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP

7
8
9
10

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

11
12 DATED: June 5, 2019
13

MCGREGOR W. SCOTT
United States Attorney

14
15

17

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

18

(Authorized by email)

16

19
20
21
22
23
24
25
26
27
28
Stipulation and Withdrawal of Verified Claim

-3-

1

ORDER

2

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

3 “Stipulation”) by Lone Oak Fund, LLC, (“Claimant”), and Plaintiff, United States of
4 America (“Plaintiff”). For the reasons stated in the Stipulation and for good cause shown,
5

IT IS HEREBY ORDERED as follows:

6

1.

The Stipulation is approved.

7

2.

Claimant’s claim filed in the above-captioned case on May 29, 2018 [Dk. #5]

8 is hereby deemed withdrawn.
9
10

3.

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

IT IS SO ORDERED.

11 DATED: June 7, 2019.
12
13

UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stipulation and Withdrawal of Verified Claim

-4-