Opinion
BENJAMIN B. WAGNER, United States Attorney, KEVIN C. KHASIGIAN, Assistant U.S. Attorney, ROBERT B. KAPLAN, Attorney for Mechanics Bank, COURTNEY J. LINN, Attorney for Bart Volen, Sacramento, CA, Attorneys for the United States.
STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE OF REAL PROPERTY LOCATED AT 2143 OUTRIGGER DRIVE, EL DORADO HILLS, CALIFORNIA; CERTIFICATE OF REASONABLE CAUSE
TROY L. NUNLEY, District Judge.
It is hereby stipulated by and between the United States of America and claimants Mechanics Bank and Bart Volen, by and through their respective counsel of record (the "Stipulation"), as follows:
1. The real property located at 2143 Outrigger Drive, El Dorado Hills, California, El Dorado County, APN: XXX-XXX-XX-XXX ("Outrigger Property") is a named defendant in the above entitled action.
2. The only parties who have filed claims to the Outrigger Property are Mechanics Bank and Bart Volen.
3. The parties to this Stipulation agree that defendant Outrigger Property shall be dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
4. Each of the parties to this Stipulation shall bear their own attorneys fees and costs that were incurred with respect to the commencement, prosecution and defense of this litigation that were specifically applicable to the Outrigger Property.
5. For purposes of effectuating this stipulation and dismissal, the parties do not contest there was probable cause for the posting of the defendant Outrigger Property, and for the commencement and prosecution of this forfeiture action against the defendant Outrigger Property, and further agree that the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, with respect to the defendant Outrigger Property only.
6. The United States shall withdraw its Notice of Lis Pendens recorded against defendant Outrigger Property, and the United States shall execute and record such documents as are reasonably necessary to remove the cloud on title caused by the recording of the Lis Pendens against defendant Outrigger Property within seven days after the date of entry of this Order.
7. This Stipulation applies only to the defendant Outrigger Property and does not apply to any other defendant properties.
ORDER DISMISSING CASE WITH PREJUDICE AGAINST DEFENDANT OUTRIGGER PROPERTY AND CERTIFICATE OF REASONABLE CAUSE
It is hereby ORDERED:
The Stipulation is approved in its entirety.
The Complaint is dismissed with prejudice as to the defendant, Outrigger Property.
And, based upon the allegations set forth in the Complaint for Forfeiture In Rem filed March 20, 2012, and the Stipulation for Dismissal With Prejudice filed herewith, it is further
ORDERED that this Court enters a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for: (1) the posting of the defendant Outrigger Property located at 2143 Outrigger Drive, El Dorado Hills, California, El Dorado County, APN: XXX-XXX-XX-XXX, and (2) the commencement and prosecution of this forfeiture action against the defendant Outrigger Property.
IT IS FURTHER ORDERED that the United States shall withdraw its Notice of Lis Pendens recorded against defendant Outrigger Property, and the United States shall execute and record such documents as are reasonably necessary to remove the cloud on title caused by the recording of the Lis Pendens against defendant Outrigger Property within seven days after the date of entry of this Order.