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

Filing 65

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/23/2019 APPROVING the stipulation. Claimant's claim filed on 6/4/2018 and answer filed on 6/25/2018 as to the Defendant Property are hereby deemed WITHDRAWN. Claimant Northern California Mortgage Fund XII, LLC is hereby DISMISSED from this action with prejudice. (Zignago, K.)

1 Thomas P. Mazzucco - 139758
[e-mail]
2 Patrick J. Wingfield - 265140
[e-mail]
3 MURPHY, PEARSON, BRADLEY & FEENEY
88 Kearny Street, 10th Floor
4 San Francisco, CA 94108-5530
Telephone:
[phone]
5 Facsimile:
[phone]
6 Attorneys for Claimant
NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

12 UNITED STATES OF AMERICA,

Case No.: 2:18-cv-00825-KJM-CKD

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STIPULATION AND WITHDRAWAL
OF VERIFIED CLAIM AND ANSWER
OF NON-PARTY CLAIMANT
NORTHERN CALIFORNIA
MORTGAGE FUND XII, LLC TO
VERIFIED COMPLAINT FOR
FORFEITURE IN REM

Plaintiff,

14 v.
15 REAL PROPERTY LOCATED AT 8744
VYTINA DRIVE, ELK GROVE,
16 CALIFORNIA, SACRAMENTO COUNTY,
APN: 115-1460-028-0000,
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REAL PROPERTY LOCATED AT 6439
18 VALLEY HI DRIVE, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
19 APN: 117-0032-004-0000,

Action Filed: April 6, 2018
Assigned To: Hon. Kimberly J. Mueller
Referred To: Hon. Carolyn K. Delaney
Trial Date: None Set

20 REAL PROPERTY LOCATED AT 8613
ORISON COURT, ELK GROVE,
21 CALIFORNIA, SACRAMENTO COUNTY,
APN: 121-0900-024-0000,
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REAL PROPERTY LOCATED AT 4630
23 COUNTRY SCENE WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
24 APN: 117-0550-004-0000,
25 REAL PROPERTY LOCATED AT 8139
VALLEY GREEN DRIVE, SACRAMENTO,
26 CALIFORNIA, SACRAMENTO COUNTY,
APN: 117-0280-013-0000,
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REAL PROPERTY LOCATED AT 3975
28 DEER CROSS WAY, SACRAMENTO,
-1STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY
NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC.

Case No.:
2:18-cv-00825-KJM-CKD

1 CALIFORNIA, SACRAMENTO COUNTY,
APN: 119-0291-016-0000,
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REAL PROPERTY LOCATED AT 4713
3 LAGUNA WEST WAY, ELK GROVE,
CALIFORNIA, SACRAMENTO COUNTY,
4 APN: 119-0830-041-0000,
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Defendants.
IT IS HEREBY STIPULATED by and between the United States, and NORTHERN CALIFORNIA

7 MORTGAGE FUND XII, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“Claimant”) as follows:
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1.

The defendant property subject to this stipulation is as follows (“Defendant Property”):

9 Real property located at 4713 Laguna West Way, Elk Grove, California 95758, APN: 119-0830-04110 0000, including all appurtenances and improvements thereto.
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2.

On April 6, 2018, the United States of America filed a Verified Complaint for Forfeiture

12 In Rem [Docket No. 1] (“Complaint”) alleging that the Defendant Property, including any right, title and
13 interest in the whole of any lot or tract of land and any appurtenances or improvements thereon, and
14 proceeds traceable thereof, is subject to forfeiture to the United States pursuant to 21 U.S.C. § 881(a)(6)
15 and 21 U.S.C. § 881(a)(7) because it was used and intended to be used to commit or facilitate a violation
16 of 21 U.S.C. §§ 841 et. seq.
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3.

At the time the Complaint was filed, the record owner of the Defendant Property was

18 ZUN JIN CHEN (“CHEN”).
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4.

On June 4, 2018, Claimant filed a claim in this action alleging a lienholder interest in the

20 Defendant Property [Docket No. 9].
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5.

On June 25, 2018, Claimant filed an Answer in this action [Docket No. 15].

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6.

On or about January 9, 2019, the Defendant Property was sold.

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7.

Notwithstanding the foregoing, Claimant hereby withdraws its claim and Answer filed in

24 the above-captioned case with respect to the Defendant Property.
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To the extent required under the Federal Rules of Civil Procedure, Rule 41(a), the United

26 States of America agrees to dismiss with prejudice Claimant in the above-captioned case pursuant to the
27 Federal Rules of Civil Procedure, Rule 41(a). Defendant Property is the in rem defendant.
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9.

Claimant is hereby removed from the Service List for the above captioned case.
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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY
NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC.

Case No.:
2:18-cv-00825-KJM-CKD

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10.

Each party hereto is to bear his, her, and its own costs.

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3 Dated: September 17, 2019
MURPHY, PEARSON, BRADLEY & FEENEY

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By /s/ Patrick J. Wingfield
Thomas P. Mazzucco
Patrick J. Wingfield
Kavin A. Williams
Attorneys for Claimant
NORTHERN CALIFORNIA MORTGAGE FUND
XII

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Dated: September 17, 2019

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MCGREGOR W. SCOTT
United States Attorney
By:

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/s/ Kevin C. Khasigian__________________
KEVIN C. KHASIGIAN
Assistant United States Attorney

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-3STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY
NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC.

Case No.:
2:18-cv-00825-KJM-CKD

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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 hereby APPROVED.

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2.

Claimant’s claim filed in the above-captioned case on June 4, 2018 and answer filed on

5 June 25, 2018 as to the Defendant Property are hereby deemed withdrawn.
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3.

Pursuant to F.R.C.P. 41(a), Claimant NORTHERN CALIFORNIA MORTGAGE FUND XII,

7 LLC, A DELAWARE LIMITED LIABILITY COMPANY is hereby dismissed from this action with prejudice.
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IT IS SO ORDERED.

10 Dated: September 23, 2019.
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UNITED STATES DISTRICT JUDGE

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-4STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY
NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC.

Case No.:
2:18-cv-00825-KJM-CKD