United States of America v. One (1) 2008 Toyota Tundra

Filing 92

ORDER OF VOLUNTARY DISMISSAL Upon consideration of the Request for Voluntary Dismissal, the instant case is dismissed without prejudice. Signed by Judge Maxine M. Chesney on June 2, 2015. (mmclc2, COURT STAFF) (Filed on 6/2/2015)

MELINDA HAAG (CABN 132612)
United States Attorney
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DAVID R. CALLAWAY (CABN 121782)
Chief, Criminal Division
ARVON J. PERTEET (CABN 242828)
Assistant United States Attorney

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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
[e-mail]

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Attorneys for United States of America

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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UNITED STATES OF AMERICA,
Plaintiff,

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v.
ONE(l) 2008 TOYOTA TUNDRA, (VIN #
5TFDV58108X050994), ET AL.,

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Defendants.
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) CASE NO. CV 12-1439 MMC
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PLAINTIFF'S UNOPPOSED REQUEST FOR
VOLUNTARY DIMISSAL, [PROPOSED] ORDER
OF VOLUNTARY DIMISSAL, AND NOTICE OF
VOLUNTARY DIMISSAL OF MOTION FOR
SUMMARY JUDGMENT

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PlaintiffUnited States of America, by and through the United States Attorney for the Northern

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District of California, and the undersigned Assistant United States Attorney, Arvon J. Perteet, tiles this

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unopposed Request for Voluntary Dismissal of the instant civil forfeiture action pursuant to the

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provisions of Rule 41(a)(2) ofthe Federal Rules of Civil Procedure and pursuant to the terms ofthe

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Stipulated Settlement Agreement in the Ancillary Proceeding in related Case No. CR 12-0885 CRB (

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See, Exhibit 1). Additionally, the Plaintiff voluntarily dismisses the Motion for Summary Judgment

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tiled in Doc. 73.

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Further, the Plaintiff attaches as part of the record a copy of the Forbearance Agreement between
USA UNOPPOSED REQUEST FOR VOLUNTARY DISMISSAL AND [PROPOSED] ORDER
CV 12-1439 MMC
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1 claimants Matthew Graves and Umpqua Bank. (See, Exhibit 2).
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WHEREFORE, for all the above-stated reasons, Plaintiff United States of America respectfully

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requests that this Court dismiss this instant civil forfeiture action with prejudice.

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DATED: June 2, 2015

Respectfully submitted,
MELINDA HAAG
United States Attorney

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/S/ Arvon J Perteet
ARVON J. PERTEET
Assistant United States Attomev

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[PROPOSED] ORDER OF VOLUNTARY DISMISSAL

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UPON CONSIDERATION of the Request for Voluntary Dismissal, and the entire record, it is by

June
the Court on this _ _ day of _ _ _ _ _, 2015
2nd
ORDERED that the instant case be, and hereby is, dismissed with prejudice pursuant to Rule
41(a)(2) ofthe Federal Rules of Civil Procedure.

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HONORABLE MAXINE M. CHESNEY
United States District Judge

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USA UNOPPOSED REQUEST FOR VOLUNTARY DISMISSAL AND [PROPOSED] ORDER
CV 12-1439 MMC
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