Opinion
2:06-CV-00436-JAM-DAD
04-23-2013
UNITED STATES OF AMERICA Plaintiff, v. REAL PROPERTY LOCATED AT 8617 SOUTH SUN BAR RANCH PLACE, VAIL, PIMA COUNTY, ARIZONA, APN: 205-75-11504, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, Defendant.
BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney JUDITH L. HOLLIS Claimant on behalf of herself and the Estate of John W. Hollis TIM WARRINER Attorney for Judith L. Hollis KIMBERLY V. DEEDE Attorney for National City Mortgage Co.
BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2700
Attorneys for the United States
STIPULATION AND ORDER FOR
DISMISSAL WITH PREJUDICE OF
REAL PROPERTY; CERTIFICATE OF
REASONABLE CAUSE
It is hereby stipulated by and between the United States of America and claimants Judith L. Hollis, on behalf of herself and the Estate of John W. Hollis1, and National City Mortgage Co., by and through their respective counsel of record, as follows:
1. The pending action against the real property located at 8617 South Sun Bar Ranch Place, Vail, Pima County, Arizona, APN: 205-75-11504, shall be dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure.
2. The parties are to bear their own costs and attorney fees.
3. There was probable cause for the posting of the defendant real property, and for the commencement and prosecution of this forfeiture action, and the Court may enter a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465.
BENJAMIN B. WAGNER
United States Attorney
By: ____________________
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
____________________
JUDITH L. HOLLIS
Claimant on behalf of herself and the
Estate of John W. Hollis
____________________
TIM WARRINER
Attorney for Judith L. Hollis
____________________
KIMBERLY V. DEEDE
Attorney for National City Mortgage Co.
(Signatures retained by attorney)
IT IS SO ORDERED.
____________________
JOHN A. MENDEZ
United States District Court Judge
CERTIFICATE OF REASONABLE CAUSE
Based upon the allegations set forth in the Complaint for Forfeiture In Rem filed March 2, 2006, and the Stipulation for Dismissal With Prejudice filed herewith, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the posting of the defendant real property located at 8617 South Sun Bar Ranch Place, Vail, Pima County, Arizona, APN: 205-75-11504, and for the commencement and prosecution of this forfeiture action.
____________________
JOHN A. MENDEZ
United States District Court Judge