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United States v. Real Property Located at 149 G, Street, Lincoln

United States District Court, Ninth Circuit

August 20, 2013

UNITED STATES OF AMERICA Plaintiff,
v.
REAL PROPERTY LOCATED AT 149 G STREET, LINCOLN, CALIFORNIA, PLACER COUNTY, APN: XXX-XXX-XXX-XXX, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, et al., Defendants.

BENJAMIN B. WAGNER, United States Attorney, KEVIN C. KHASIGIAN, Assistant U.S. Attorney, Sacramento, CA, Attorneys for the United States.

BARRY L. GROCE, Attorney for Standard Lienholders.

COURTNEY J. LINN, Attorney for Volen Properties 8, LLC.

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE OF REAL PROPERTY LOCATED AT 7447 ANTELOPE ROAD, CITRUS HEIGHTS, CALIFORNIA; CERTIFICATE OF REASONABLE CAUSE

TROY L. NUNLEY, District Judge.

It is hereby stipulated by and between the United States of America and claimants Standard Insurance Company, Liberty Life Assurance Company of Boston, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company and Peerless Insurance Company (hereinafter collectively, the "Standard Lienholders") and Volen Properties 8, LLC, by and through their respective counsel of record (the "Stipulation"), as follows:

1. The real property located at 7447 Antelope Road, Citrus Heights, California, Sacramento County, APN: XXX-XXXX-XXX-XXXX ("Antelope Property") is a named defendant in the above entitled action.

2. The only parties who have filed claims to the Antelope Property are the Standard Lienholders and Volen Properties 8, LLC, through its manager Bart Volen.

3. The parties to this Stipulation agree that defendant Antelope Property shall be dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.

4. Each of the parties to this Stipulation shall bear their own attorneys fees and costs that were incurred with respect to the commencement, prosecution and defense of this litigation that were specifically applicable to the Antelope Property.

5. For purposes of effectuating this stipulation and dismissal, the parties do not contest there was probable cause for the posting of the defendant Antelope Property, and for the commencement and prosecution of this forfeiture action against the defendant Antelope Property, and further agree that the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, with respect to the defendant Antelope Property only.

6. The United States shall withdraw its Notice of Lis Pendens recorded against defendant Antelope Property, and the United States shall execute and record such documents as are reasonably necessary to remove the cloud on title caused by the recording of the Lis Pendens against defendant Antelope Property within seven days after the date of entry of this Order.

7. This Stipulation applies only to the defendant Antelope Property and does not apply to any other defendant properties.

ORDER DISMISSING CASE WITH PREJUDICE AGAINST DEFENDANT ANTELOPE PROPERTY AND CERTIFICATE OF REASONABLE CAUSE

It is hereby ORDERED:

The Stipulation is approved in its entirety.

The Complaint is dismissed with prejudice as to the defendant Antelope Property.

And, based upon the allegations set forth in the Complaint for Forfeiture In Rem filed March 20, 2012, and the Stipulation for Dismissal With Prejudice filed herewith, it is further

ORDERED that this Court enters a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for: (1) the posting of the defendant Antelope Property located at 7447 Antelope Road, Citrus Heights, California, Sacramento County, APN: XXX-XXXX-XXX-XXXX, and (2) the commencement and prosecution of this forfeiture action against the defendant Antelope Property.

IT IS FURTHER ORDERED that the United States shall withdraw its Notice of Lis Pendens recorded against defendant Antelope Property, and the United States shall execute and record such documents as are reasonably necessary to remove the cloud on title caused by the recording of the Lis Pendens against defendant Antelope Property within seven days after the date of entry of this Order.


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