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United States v. Real Property located at 7661 Fey Way, Elk Grove, California, 2:18-CV-00774-KJM-CKD. (2019)

Court: District Court, E.D. California Number: infdco20190801874 Visitors: 20
Filed: Jul. 31, 2019
Latest Update: Jul. 31, 2019
Summary: STIPULATION OF WITHDRAWAL OF CLAIM AS TO PS FUNDING, INC. KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff UNITED STATES OF AMERICA ("Plaintiff") and Claimant PS FUNDING, INC. ("Claimant") as follows: 1. That Claimant asserted a lienholder interest in defendant property located at 7661 Fey Way in Elk Grove, California ("Defendant Fey Way"). The loan has since been satisfied and the Claimant no longer has an interest in Defendant Fey Way. Accordingly,
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STIPULATION OF WITHDRAWAL OF CLAIM AS TO PS FUNDING, INC.

IT IS HEREBY STIPULATED by and between Plaintiff UNITED STATES OF AMERICA ("Plaintiff") and Claimant PS FUNDING, INC. ("Claimant") as follows:

1. That Claimant asserted a lienholder interest in defendant property located at 7661 Fey Way in Elk Grove, California ("Defendant Fey Way"). The loan has since been satisfied and the Claimant no longer has an interest in Defendant Fey Way. Accordingly, Claimant hereby withdraws its claim filed in this Action with respect to the real property located at 7661 Fey Way, Elk Grove, California, Sacramento County, APN: 132-2450-006-0000 (the "Property"); and

2. To the extent required under F.R.C.P. 41(a), the United States agrees to dismiss with prejudice the Claimant in this Action pursuant to F.R.C.P. 41(a). The Defendant Fey Way is the in rem defendant.

3. That each party hereto is to bear his, her and its own costs.

4. That Claimant be removed from the Service List for this matter.

Dated: July 24, 2019 WALTER F. BROWN, JR. SHARON E. FRASE Orrick, Herrington & Sutcliffe LLP By: SHARON E. FRASE Attorneys for Defendant PS FUNDING, INC. Dated: July 24, 2019 MCGREGOR W. SCOTT United States Attorney By: Kevin C. Khasigian Assistant United States Attorney

ORDER

The Court has read and considered the Stipulation of Withdrawal of Claim by PS Funding, Inc. ("the Stipulation") by Claimant PS Funding, Inc. ("Claimant"), and Plaintiff, United States of America ("Plaintiff"), by and through their respective counsel (collectively, the "Parties"). For the reasons stated in the Stipulation and for good cause shown,

IT IS HEREBY ORDERED as follows:

1. The Stipulation is approved.

2. Claimant's claim filed in the above-captioned case on June 8, 2018 [Dk. 5] is hereby deemed withdrawn.

3. Claimant is hereby deemed dismissed from the above-captioned case.

Source:  Leagle

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