IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 11, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
TIGER LILY ROAD, PILOT HILL, CALIFORNIA, EL DORADO COUNTY, APN: 104-100-26-100, N/A INCLUDING ALL APPURTENANCES N/A AND IMPROVEMENTS THERETO, DEFENDANT.
STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER THEREON REAL PROPERTY LOCATED AT 155 Date: Time: Courtroom:N/A
Plaintiff United States of America, and Claimants Donald Kearney, and MERS, Inc. as nominee for Wells Fargo Bank, [hereafter "Claimants"], stipulate as follows:
1. The pending action shall be dismissed with prejudice pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure.
2. There was reasonable cause for the posting of the defendant real property, and the commencement and prosecution of this forfeiture action, and the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465.
3. The United States will record a Notice of Withdrawal of Lis Pendens within 30 days of the date the Court signs the Certificate of Reasonable Cause.
4. As between the plaintiff and claimants, all parties are to bear their own costs and attorneys' fees. As between claimants, any attorneys fees claimant MERS, Inc. incurred as a result of this litigation will be added to the loan balance secured by the defendant property, in accordance with the note and deed of trust claimant Kearney signed and which encumber the defendant real property.
IT IS SO ORDERED
CERTIFICATE OF REASONABLE CAUSE
Pursuant to the Stipulation for Dismissal with Prejudice, and the allegations set forth in the Complaint for Forfeiture In Rem filed December 13, 2006, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the posting of the defendant real property, and the commencement and prosecution of this forfeiture action.
IT IS SO ORDERED.
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