UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
August 11, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
REAL PROPERTY LOCATED IN POMONA, CALIFORNIA (PARTIDA), DEFENDANT.
PEDRO PARTIDA, MARIA RODRIGIUEZ, OMNI BANK, N.A., AND JP MORGAN CHASE BANK, AN ACQUIRER OF CERTAIN ASSETS AND LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FDIC AS RECEIVER, CLAIMANTS.
The opinion of the court was delivered by: The Honorable Valerie Baker Fairbank United States District Judge
ORDER DISMISSING ACTION PURSUANT TO FED. R. CIV. P. 41(a) [CASE DISPOSITIVE]
The Court having reviewed the accompanying stipulation between plaintiff United States of America and claimants JP Morgan Chase Bank, an acquirer of certain assets and liabilities of Washington Mutual Bank from the FDIC as receiver ("Chase"), and Omni Bank, N.A. ("Omni"), and having reviewed the prior "STIPULATION BETWEEN PLAINTIFF UNITED STATES OF AMERICA AND CLAIMANTS PEDRO PARTIDA AND MARIA RODRIGUEZ FOR DISMISSAL OF CLAIMS OF THE UNITED STATES IN THIS ACTION" filed in this case, IT IS HEREBY ORDERED as follows:
1. Pursuant to the plea agreement between the United States and Pedro Partida in the matter United States v. Pedro Partida, et al., 07-877 VBF, Partida agreed to forfeit certain assets in the related civil forfeiture matter entitled United States v. Vehicles Seized from Brooklyn Auto Sales Business Locations, 08-00025 VBF (FFMx), and the government agreed that it would cease all efforts to forfeit the defendant in this action, a real property located in Pomona, California. The United States has since disclaimed any intent to forfeit the defendant property as prayed in its Complaint.
2. Claimants Chase and Omni are the sole additional claimants to the defendant property. These claimants, as well as Pedro Partida and Maria Rodriguez (in connection with the earlier-filed stipulation), have stipulated and agreed to the dismissal of this case.
3. Accordingly, this action is hereby dismissed. All of the stipulating parties shall execute all documentation necessary to carry out their agreements. Plaintiff and all claimants have waived any right to appeal this order. This Order constitutes a certificate of reasonable cause pursuant to 28 U.S.C. § 2465(a)(2) as to the defendant property.
4. Each party shall bear its own costs of litigation and attorney's fees in this action.
5. There being no just reason for delay, the clerk is hereby directed to enter this order dismissing this case.
IT IS SO ORDERED.
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