BENJAMIN B. WAGNER, United States Attorney, KEVIN C. KHASIGIAN, Assistant U.S. Attorney, Sacramento, CA. Attorneys for the United States
STIPULATION TO DISMISS AS TO ONE DEFENDANT AND ORDER THEREON
JOHN A. MENDEZ, District Judge.
The United States of America and claimants Judith L. Hollis on behalf of the Estate of John W. Hollis ("Hollis"), Universal Insurance Exchange ("Universal"), and Bennett Truck Transport, LLC ("Bennett"), stipulate as follows:
1. Universal is a general unsecured creditor of Tri-Continental Exchange Ltd. ("TCE"), Combined Services, Ltd. ("CSL") and/or Alternative Market Exchange Ltd. ("AME), collectively referred to herein as the "Debtors." Bennett asserts constructive trust and unsecured claims against the debtors and the forfeiture funds. Bennett also asserts a lien on the funds pursuant to California Code of Civil Procedure § 708.410.
2. The United States has filed a civil forfeiture action against the defendant funds, alleging that the funds were involved in, or are traceable to, money laundering violations committed by Robert L. Brown a.k.a. Matthew Schachter ("Brown) through TCE and CSL, and/or constitute or are derived from the proceeds of mail fraud, or a conspiracy to commit such offense, committed by Brown through TCE and CSL.
3. Bennett filed a Claim to all of the defendant funds on November 23, 2005, filed a Lien on Pending Action on January 10, 2006, and filed an Answer to the Complaint on January 9, 2006.
4. John W. Hollis ("Hollis") filed a Claim to all of the defendant funds on or about December 19, 2005.
5. Universal filed a Claim to all of the defendant funds on March 24, 2006, and filed an Answer to the Verified Complaint for Forfeiture In Rem (the "Complaint") on April 11, 2006.
6. In a Memorandum of Opinion and Order dated July 19, 2005, (hereafter "District Court Order") this Court granted, in part, the United States's motion to dismiss Hollis's claim. This Court ruled that Hollis did not have standing to assert an interest in the $1.2 million seized from his trust account at First California Bank Account No. 2005638 (Order, at 16), nor did he have standing to assert an interest in the $177, 695.11 connected to a transfer to the United States from Bullivant Houser Bailey.
7. This Court ruled that Hollis does have standing to assert a claim to the $225, 958.84 seized from Hollis' personal bank account at Bank of America.
8. Thereafter, Hollis filed an Answer to the Complaint (under seal) on September 19, 2006, and filed an Amended Answer (under seal) on September 26, 2006.
9. The United States and the Liquidators for the debtors (see ¶ 13(a) infra) entered into a stipulation to transfer the defendant funds, other than the $225, 958.84 described in ¶ 7, to the bankruptcy court for distribution to the debtors' creditors in accordance with all applicable laws.
10. On December 12, 2006, an Order was filed dismissing defendants approximately $1.2 million seized from First California Bank Account No. 2005638, and the approximately $177, 695.11 connected to a transfer to the United States from Bullivant Houser Bailey to the Bankruptcy Court.
11. The United States and claimants Hollis, Bennett, and Universal now seek to dismiss this forfeiture action without prejudice, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure against the approximately $225, 958.84 in ...