IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 15, 2011
UNITED STATES OF AMERICA,
REAL PROPERTY LOCATED AT 1803
EAST OCEAN BOULEVARD, UNIT 304,
LONG BEACH, CALIFORNIA, LOS ANGELES COUNTY, APN: 7265-018-047 INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, DEFENDANT.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700 Attorneys for the United States
STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER; CERTIFICATE OF REASONABLE CAUSE
It is hereby stipulated by and between the United States of America, claimants John Forgy and Kinde Durkee, joint tenants; and California Franchise Tax Board, as follows:
1. The pending action shall be dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
2. The parties are to bear their own costs and attorney fees.
3. 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.
CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed September 9, 2011, 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.
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