Filed: Jul. 29, 2019
Latest Update: Jul. 29, 2019
Summary: STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM, ANSWER, AND AMENDED ANSWER OF NON-PARTY LIENHOLDER, SOCOTRA FUND, LLC KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by claimant, Socotra Fund, LLC ("Claimant"), by and through its undersigned counsel, Larissa A. Branes, Esq. of Geraci Law Firm, and Plaintiff, the United States of America ("Plaintiff"), by and through its undersigned counsel, Kevin C. Khasigian, Assistant United States Attorney, as follows: 1. Claimant asserted
Summary: STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM, ANSWER, AND AMENDED ANSWER OF NON-PARTY LIENHOLDER, SOCOTRA FUND, LLC KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by claimant, Socotra Fund, LLC ("Claimant"), by and through its undersigned counsel, Larissa A. Branes, Esq. of Geraci Law Firm, and Plaintiff, the United States of America ("Plaintiff"), by and through its undersigned counsel, Kevin C. Khasigian, Assistant United States Attorney, as follows: 1. Claimant asserted a..
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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM, ANSWER, AND AMENDED ANSWER OF NON-PARTY LIENHOLDER, SOCOTRA FUND, LLC
KIMBERLY J. MUELLER, District Judge.
IT IS HEREBY STIPULATED by claimant, Socotra Fund, LLC ("Claimant"), by and through its undersigned counsel, Larissa A. Branes, Esq. of Geraci Law Firm, and Plaintiff, the United States of America ("Plaintiff"), by and through its undersigned counsel, Kevin C. Khasigian, Assistant United States Attorney, as follows:
1. Claimant asserted a lienholder interest in the defendant property located at 8656 Daimler Way, Sacramento, California 95828 ("Daimler Way Property"), which maintains the following legal description:
Real property in the unincorporated area of the County of Sacramento, State of California, described as follows:
LOT 146, AS SHOWN ON THE "PLAT OF VINTAGE PARK UNIT NO. 4", RECORDED IN BOOK 168 OF MAPS, MAP NO. 17, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM AN UNDIVIDED 50% INTEREST IN AND TO ALL OIL, GAS OR OTHER HYDROCARBON SUBSTANCE BELOW A DEPTH OF 500 FEET WITHOUT HOWEVER, THE RIGHT OF SURFACE ENTRY, AS RESERVED IN DEED RECORDED IN BOOK 840522, PAGE 280, OFFICIAL RECORDS.
A.P.N. 115-0680-059;
2. The loan has since been satisfied and Claimant no longer has an interest in the Daimler Way Property;
3. Accordingly, Claimant hereby withdraws its claim filed in the above-captioned case on June 13, 2018 [Dk. 19], its answer filed in the above-captioned case on June 22, 2018 [Dk. 20], and its amended answer filed in the above-captioned case on July 3, 2018 [Dk. 37] with respect to the Daimler Way Property;
4. To the extent required under the Federal Rules of Civil Procedure, Rule 41(a), Plaintiff agrees to dismiss with prejudice Claimant in the above-captioned case pursuant to the Federal Rules of Civil Procedure, Rule 41(a). Daimler Way Property is the in rem defendant.
5. Each party hereto is to bear its own costs; and
6. Claimant is hereby removed from the Service List for the above-captioned case.
Date: July 29, 2019 GERACI LAW FIRM
By: /s/ Larissa A. Branes
Larissa A. Branes, Esq.
Amy E. Martinez, Esq.
Alexa P. Stephenson, Esq.
Attorneys for Non-Party Lienholders,
Socotra Fund, LLC
Dated: July 29, 2019 MCGREGOR W. SCOTT
United States Attorney
By: /s/ Kevin C. Khasigian
Kevin C. Khasigian
Assistant United States Attorney
ORDER
The Court has read and considered the Stipulation of Withdrawal of Claim and Answer by Socotra Fund, LLC ("the Stipulation") by Claimant, Socotra Fund, LLC ("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 13, 2018 [Dk. 19] is hereby deemed withdrawn.
3. Claimant's answer filed in the above-captioned case on June 22, 2018 [Dk. 20] is hereby deemed withdrawn.
4. Claimant's amended answer filed in the above-captioned case on July 3, 2018 [Dks. 37] is hereby deemed withdrawn.
5. Claimant is hereby deemed dismissed from the above-captioned case.
IT IS SO ORDERED.
