United States of America v. Real Property and Improvements Located at 205 SE Spanish Trail, Boca Raton, Florida

Filing 48

STIPULATION AND ORDER 46 to Dismiss Action, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 12/24/08. (jg, COURT STAFF) (Filed on 12/24/2008)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRAIN J. STRETCH (CSBN 163973) Acting Chief, Criminal Division STEPHANIE M. HINDS (CSBN 154284) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102 Telephone: [phone] Facsimile: 415.436.6748 Email: [e-mail] Attorneys for the United States of America UNITED STATES DISTRICT COURT

*E-FILED - 12/24/08*

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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v. REAL PROPERTY AND IMPROVEMENTS LOCATED AT 205 SE SPANISH TRAIL, BOCA RATON, FLORIDA,, Defendant. UNITED STATES OF AMERICA, Plaintiff,

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CV 07-3874 RMW

STIPULATION AND [] ORDER TO DISMISS ACTION

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Dated: 12/19/08 Dated: 12/19/08 Dated: 12/19/08

STIPULATION Pursuant to Rule 41(a)(1) of Federal Rules of Civil Procedure, the parties hereby submit this joint request to dismiss the above-captioned action. The parties are jointly moving to dismiss this action to permit claimant Century Bank to pursue a private sale of the property, in lieu of foreclosure. Further, the government agrees to removes its lis pendens filed against the defendant property. The parties request that this matter be dismissed without prejudice and that each party bear their own costs for this action. IT IS SO STIPULATED: JOSEPH P. RUSSONIELLO United States Attorney

/S/ STEPHANIE M. HINDS Assistant United States Attorney

/S/ EDWARD SWANSON Attorney for Claimant Michael Arnold

/S/ JEFFREY HINRICHSEN TALIA DELANOY Attorneys for Claimant Century Bank, FSB

XXXXX D [PROPOSEX] ORDER RE DISMISSAL
Upon the above stipulation of the parties, and good cause appearing, the Court hereby dismisses the above-captioned action without prejudice. The Court further orders that each party bears its own costs in this action. IT IS SO ORDERED.

12/24/08 Dated: ___________________

__________________________ RONALD M. WHYTE UNITED STATES DISTRICT JUDGE

XXXXX STIPULATION AND [PROPOSED] O R D E R TO DISM I S S ACTION C V 0 7 - 3 8 7 4 RM W

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