BENJAMIN B. WAGNER United States Attorney BOBBIE J. MONTOYA Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814-2322 Telephone: (916) 554-2775 Attorneys for Plaintiff United States of America
STIPULATION FOR DISMISSAL WITH PREJUDICE AND [proposed] ORDER; CERTIFICATE OF REASONABLE CAUSE APN: 021-042-16, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO,
Plaintiff United States of America and Claimants William H. Pearce, Kristin Burckard, and JP Morgan Chase Bank, N.A. ("Chase"), by and through their respective undersigned counsel, hereby agree and STIPULATE as follows:
1. The above-captioned action shall be dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
2. Within thirty (30) days of the Court signing this stipulation and order, the United States shall record a withdrawal of lis pendens against the defendant real property.
3. The parties are to bear their own costs and attorney's fees.
4. There was probable cause for the posting of the defendant real property, and for 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.
5. All parties agree that this stipulation may be signed in counterpart.
Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed October 5, 2007, and the Stipulation for Dismissal With Prejudice filed herewith, 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 for the commencement and prosecution of this forfeiture action.
CERTIFICATE OF REASONABLE CAUSE
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