STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY FJM PRIVATE MORTGAGE FUND, LLC TO VERIFIED COMPLAINT FOR FORFEITURE IN REM

KIMBERLY J. MUELLER, District Judge.

IT IS HEREBY STIPULATED by and between the United States, and FJM PRIVATE MORTGAGE FUND, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Claimant") as follows:

1. The defendant property subject to this stipulation is as follows ("Defendant Property"): Real property located at 9717 Sutton Pointe Court, Elk Grove, California 95757, APN: 132-1110-062-0000, including all appurtenances and improvements thereto.

2. On April 3, 2018, the United States of America filed a Verified Complaint for Forfeiture In Rem [Docket No. 1] ("Complaint") alleging that the Defendant Property, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements thereon, and proceeds traceable thereof, is subject to forfeiture to the United States pursuant to: (a) 18 U.S.C. § 981(a)(1)(A); (b) 18 U.S.C. § 981(a)(1)(C); (c) 21 U.S.C. § 881(a)(6); and (d) 21 U.S.C. § 881(a)(7) because it was used and intended to be used to commit or facilitate a violation of 21 U.S.C. §§ 841 et. seq. and/or were involved in a financial transaction in violation of 18 U.S.C. § 1956(a)(1)(B)(I).

3. At the time the Complaint was filed, the record owner of the Defendant Property was MEINA ZHENG ("ZHENG").

4. On June 4, 2018, Claimant filed a claim in this action alleging a lienholder interest in the Defendant Property [Docket No. 10].

5. On June 25, 2018, Claimant filed an Answer in this action [Docket No. 16].

6. On or about December 2018, the Defendant Property was sold.

7. Notwithstanding the foregoing, Claimant hereby withdraws its claim and Answer filed in the above-captioned case with respect to the Defendant Property.

8. To the extent required under the Federal Rules of Civil Procedure, Rule 41(a), the United States of America agrees to dismiss with prejudice Claimant in the above-captioned case pursuant to the Federal Rules of Civil Procedure, Rule 41(a). Defendant Property is the in rem defendant.

9. Claimant is hereby removed from the Service List for the above captioned case.

10. Each party hereto is to bear his, her, and its own costs.

ORDER

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

1. The Stipulation is hereby APPROVED.

2. Claimant's claim filed in the above-captioned case on June 4, 2018 and answer filed on June 25, 2018 as to the Defendant Property are hereby deemed withdrawn.

3. Pursuant to F.R.C.P. 41(a), Claimant FJM PRIVATE MORTGAGE FUND, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY is hereby dismissed from this action with prejudice.

IT IS SO ORDERED.