Filed: Sep. 23, 2019
Latest Update: Sep. 23, 2019
Summary: STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY CLAIMANT NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC TO VERIFIED COMPLAINT FOR FORFEITURE IN REM KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by and between the United States, and NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC, A DELAWARE LIMITED LIABILITY COMPANY (" Claimant ") as follows: 1. The defendant property subject to this stipulation is as follows (" Defendant Property "): Real property located
Summary: STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY CLAIMANT NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC TO VERIFIED COMPLAINT FOR FORFEITURE IN REM KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by and between the United States, and NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC, A DELAWARE LIMITED LIABILITY COMPANY (" Claimant ") as follows: 1. The defendant property subject to this stipulation is as follows (" Defendant Property "): Real property located a..
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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF NON-PARTY CLAIMANT NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC TO VERIFIED COMPLAINT FOR FORFEITURE IN REM
KIMBERLY J. MUELLER, District Judge.
IT IS HEREBY STIPULATED by and between the United States, and NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("Claimant") as follows:
1. The defendant property subject to this stipulation is as follows ("Defendant Property"): Real property located at 4713 Laguna West Way, Elk Grove, California 95758, APN: 119-0830-041-0000, including all appurtenances and improvements thereto.
2. On April 6, 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 21 U.S.C. § 881(a)(6) and 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.
3. At the time the Complaint was filed, the record owner of the Defendant Property was ZUN JIN CHEN ("CHEN").
4. On June 4, 2018, Claimant filed a claim in this action alleging a lienholder interest in the Defendant Property [Docket No. 9].
5. On June 25, 2018, Claimant filed an Answer in this action [Docket No. 15].
6. On or about January 9, 2019, 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.
Dated: September 17, 2019
MURPHY, PEARSON, BRADLEY & FEENEY
By /s/ Patrick J. Wingfield
Thomas P. Mazzucco
Patrick J. Wingfield
Kavin A. Williams
Attorneys for Claimant
NORTHERN CALIFORNIA MORTGAGE FUND
XI, LLC
Date: September 17, 2019 McGREGOR W. SCOTT
United States Attorney
By: /s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant United States Attorney
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 NORTHERN CALIFORNIA MORTGAGE FUND XII, LLC, A DELAWARE LIMITED LIABILITY COMPANY is hereby dismissed from this action with prejudice.
IT IS SO ORDERED.
