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

Filing 67

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 4/12/2021 APPROVING the Stipulation. Claimant's 12 claim filed on 6/8/2018 is hereby deemed WITHDRAWN. Claimant is hereby deemed DISMISSED from this case. (Zignago, K.)

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WALTER F. BROWN. JR. (STATE BAR NO. 130248)
SHARON E. FRASE (STATE BAR NO. 282923)
ORRICK, HERRINGTON & SUTCLIFFE LLP
405 Howard Street
San Francisco, California 94105
Telephone: [phone]
Facsimile:
415-773-5759
[e-mail]
[e-mail]
Attorneys for Defendant
PS FUNDING, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

Case No. 2:18-CV-00825-KJM-CKD
STIPULATION AND WITHDRAWAL
OF VERIFIED CLAIM OF
LIENHOLDER, PS FUNDING, INC.

REAL PROPERTY LOCATED AT 8744
VYTINA DRIVE, ELK GROVE,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 115-1460-028-0000, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO, at al.
Defendants.

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STIPULATION OF WITHDRAWAL
AS TO CLAIMANT PS FUNDING, INC.
CASE NO. 2:18-CV-00825-KJM-CKD

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IT IS HEREBY STIPULATED by and between Plaintiff UNITED STATES OF
AMERICA (“Plaintiff”) and Claimant PS FUNDING, INC. (“Claimant”) as follows:
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That Claimant asserted a lienholder interest in defendant property located at 8744

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Vytina Drive, in Elk Grove, California (“Defendant Vytina Drive”). The loan has since been

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satisfied and the Claimant no longer has an interest in Defendant Vytina Drive. Accordingly,

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Claimant hereby withdraws its claim filed in this Action with respect to the real property located

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at 8744 Vytina Drive, Elk Grove, California, Sacramento County, APN: 115-1460-028-0000 (the

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“Property”); and

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2.

To the extent required under F.R.C.P. 41(a), the United States agrees to dismiss

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with prejudice the Claimant in this Action pursuant to F.R.C.P. 41(a). The Defendant Vytina

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Drive is the in rem defendant.

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3.

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

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4.

That Claimant be removed from the Service List for this matter.

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Dated: December 31, 2020

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WALTER F. BROWN, JR.
SHARON E. FRASE
Orrick, Herrington & Sutcliffe LLP

By:

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Dated: 1/4/2021

/s/ Sharon E. Frase
SHARON E. FRASE
Attorneys for Defendant
PS FUNDING, INC.

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 OF WITHDRAWAL
AS TO CLAIMANT PS FUNDING, INC.
CASE NO. 2:18-CV-00825-KJM-CKD

ORDER

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

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PS Funding, Inc. (“the Stipulation”) by Claimant PS Funding, Inc. (“Claimant”), and

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

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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 June 8, 2018 [Dk.

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12] is hereby deemed withdrawn.

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3.

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IT IS SO ORDERED.

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

DATED: April 12, 2021.

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STIPULATION OF WITHDRAWAL
AS TO CLAIMANT PS FUNDING, INC.
CASE NO. 2:18-CV-00825-KJM-CKD