United States v. 15438 Old Toll Rd.

Full title: UNITED STATES OF AMERICA, Plaintiff, v. Real Property located at 15438 Old…

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Aug 31, 2011

Case No. 2:11-CV-00099-FCD-KJN (E.D. Cal. Aug. 31, 2011)

Opinion

Case No. 2:11-CV-00099-FCD-KJN

08-31-2011

UNITED STATES OF AMERICA, Plaintiff, v. Real Property located at 15438 Old Toll Road, Camptonville, CA. Yuba County, APN 064-210-041 Including Appurtenances and Improvements, Defendant, GREGORY S. McCLELLAN, Real Party in Interest.

Kevin Khasigian Attorney for Plaintiff United States of America Stephen A. Munkelt Attorney for Real Party in Interest Audrey McClellan

FRANK C. DAMRELL

Stephen A. Munkelt, SBN 80449

MUNKELT LAW OFFICE

Attorneys for Gregory McClellan

STIPULATION AND ORDER TO SET

ASIDE DEFAULT AND PERMIT FILING

OF CLAIM AND ANSWER

Plaintiff United States of America and Real Party in Interest Gregory McClellan, by and through their attorneys Kevin Khasigian and Stephen A. Munkelt file this stipulation and proposed order to set aside the default entered March 29, 2011, in order to allow the filing of real party's Claim Opposing Forfeiture and Verified Answer to Complaint lodged with the court as exhibits to the Motion to Set Aside Default on June 29, 2011.

This stipulation is made to allow real party to defend the action on the merits. This stipulation is not evidence and is not an admission of any fact by the plaintiff. Nor does this stipulation apply to any related matters before the court.

This Stipulation and Order may be signed in counterparts, and electronic signatures shall be as binding as original signatures.

WHEREFORE Plaintiff United States and real party Gregory McClellan hereby stipulate that the default entered by the clerk on March 29, 2011, be set aside, and the clerk may thereafter file the Claim and Answer submitted to the court by real party on June 29, 2011.

Kevin Khasigian

Attorney for Plaintiff United States of America

Stephen A. Munkelt

Attorney for Real Party in Interest Audrey McClellan

ORDER

PURSUANT TO THE STIPULATION OF THE PARTIES IT IS ORDERED that the default entered herein on March 29, 2011, be set aside, and the responsive pleadings submitted to the court on June 29, 2011, on behalf of real party be filed by the Clerk.

FRANK C. DAMRELL, JR.

UNITED STATES DISTRICT JUDGE