United States of America v. Real property located at 149 G Street, Lincoln, California, Placer County, APN: 008-266-015-000 et al

Justia Dockets & Filings Ninth Circuit California Eastern District United States of America v. Real property located at 149 G Street, Lincoln, California, Placer County, APN: 008-266-015-000 et al

United States of America v. Real property located at 149 G Street, Lincoln, California, Placer County, APN: 008-266-015-000 et al

Plaintiff:	United States of America
Defendant:	Real property located at 149 G Street, Lincoln, California, Placer County, APN: 008-266-015-000, Real property located at 167 G Street, Lincoln, California, Placer County, APN: 008-266-016-000, Real property located at 1199 Pacific Highway, Unit 406, San Diego, California, San Diego County, APN: 533-471-12-27, Real property located at 10940 Fair Oaks Boulevard, Fair Oaks, California, Sacramento County, APN: 244-0344-013-0000, Real property located at 2143 Outrigger Drive, El Dorado Hills, California, El Dorado County, APN: 110-612-05-100, Real property located at 8928 Volunteer Lane, Sacramento, California, Sacramento County, APN: 078-0450-026-0000, Real property located at 833 West Sycamore Street, Willows, California, Glenn County, APN: 001-21-2-003-0, Real property located at 7447 Antelope Road, Citrus Heights, California, Sacramento County, APN: 204-0202-014-0000, Real property located at 10293 Rockingham Drive, Rancho Cordova, California, Sacramento County, APN: 077-0050-044-0000, Real property located at 675 Kulike Road, Haiku, Maui, Hawaii, Maui County, Tax Map Key No: (2) 2-8-04-072 and Real property located at 575 Menlo Drive, Rocklin, California, Placer County, APN: 017-283-004-000
Claimant:	Mechanics Bank
Case Number:	2:2012cv00705
Filed:	March 20, 2012
Court:	US District Court for the Eastern District of California
Office:	Sacramento Office
County:	Sacramento
Presiding Judge:	Dale A. Drozd
Presiding Judge:	Morrison C. England
Nature of Suit:	Other
Cause of Action:	28 U.S.C. § 1345
Jury Demanded By:	None

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Date Filed	Document Text
March 29, 2019	Filing 157 ORDER TERMINATING APPOINTMENT OF SUCCESSOR RECEIVER signed by District Judge Troy L. Nunley on 3/28/2019. Robert C. Greeley's appointment as Successor Receiver in this action is hereby TERMINATED. The Successor Receiver has filed his Final Report to the Court and the Court has approved disbursement of the remaining funds. Upon disbursing the remaining funds, there are no other services required from Mr. Greeley. (Zignago, K.)
March 15, 2019	Filing 155 ORDER signed by District Judge Troy L. Nunley on 3/14/2019 APPROVING 154 Receiver's Final Report and Accounting. (cc: Finance) (Washington, S) Modified on 3/15/2019 (Washington, S).
April 19, 2017	Filing 153 ORDER signed by District Judge Troy L. Nunley on 4/18/2017 APPOINTING Robert Greeley as successor receiver to manage and liquidate the properties forfeited from Bart Volen in place of Dave Flemmer. (Washington, S)
October 18, 2016	Filing 151 FINAL JUDGMENT OF FORFEITURE AND APPOINTMENT OF A RECEIVER signed by District Judge Troy L. Nunley on 10/17/16. The Court adopts the Stipulations for Final Judgment of Forfeiture entered into by and between the parties to this action. That judgmen t is hereby entered against claimants Bart Volen; Volen Properties, LLC; Volen Properties 4, LLC; Volen Properties 7, LLC; Volen Properties 8, LLC; Volen Properties 9, LLC; Volen Properties 10, LLC; and Marcia T. Volen, and all other potential cla imants who have not filed claims in this action. All right, title, and interest of Bart Volen; Volen Properties, LLC; Volen Properties 4, LLC; Volen Properties 7, LLC; Volen Properties 8, LLC; Volen Properties 9, LLC; Volen Properties 10, LLC; and Marcia T. Volen in the below listed the defendant properties shall be forfeited to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (a)(1) (C), to be disposed of according to law: Pursuant to 18 U.S.C. § 983(j)(1) (A), Mr. David Flemmer is APPOINTED as the Receiver for the defendant properties listed above. CASE CLOSED. (Mena-Sanchez, L)
August 17, 2016	Filing 149 ORDER signed by District Judge Troy L. Nunley on 8/16/2016 GRANTING 145 Motion for Orders; RATIFYING and APPROVING the Final Accounting in all respects; RATIFYING and APPROVING the Receiver's compensation, fees and expenses through the termina tion of the Receiver's duties as set forth in the Final Accounting; DISCHARGING John Connolly, IV as Receiver; EXONERATING the undertaking filed by the Receiver in the amount of $15,000.00 issued by Liberty Mutual Insurance Company and file d on 9/16/2016; RELIEVING the Receiver from any liability to all owners and tenants located at the property; ORDERING Mechanics Bank to pay to the Receiver, within 10 business days, $3,769.25 as full and final payment of all the Receiver's compensation, fees and expenses; FINDING that the Receiver did not control all or substantially all of the assets of Defendant Volen Properties 9, LLC; ORDERING that the Receiver not prepare a federal or state tax income tax return for the receiversh ip estate; APPROVING the acts, transactions, forbearances and decisions of the Receiver and/or his agents and representatives and FINDING that such actions were appropriate and were in the best interest of the receivership estate and the parties invo lved; ORDERING that the Receiver shall (i) have no obligation or further liability, responsibility for any assets of the receivership estate or any claims or rights which may arise in connection with those assets, and (ii) have no further liability or obligation to the Bank or any of the persons or entities identified in Exhibit 1 to the 145 Notice of Motion. (Michel, G.)
February 23, 2016	Filing 142 ORDER INSTRUCTING RECEIVER TO SELL REAL PROPERTY ASSET OF RECEIVERSHIP ESTATE AND CONFIRMING SALE OF REAL PROPERTY ASSET FREE AND CLEAR OF LIENS signed by District Judge Troy L. Nunley on 02/22/16. (Benson, A)
September 14, 2015	Filing 121 STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 9/11/2015 APPOINTING John Connolly, IV as receiver over the property (including the real property commonly known as 10293 Rockingham Drive, Rancho Cordova, California, Sacramento County , including all appurtenances and improvements thereto) and Rents; GRANTING the Receiver the powers and responsibilites listed herein; ISSUING a Preliminary Injunction as detailed herein; WAIVING the requirement that Mechanics Bank file an undertaking pursuant to F.R.Cv.P. Rule 65. (Michel, G.)
December 19, 2014	Filing 117 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/18/14: The pending action against only the real property located at 10940 Fair Oaks Boulevard, Fair Oaks, California, shall be dismissed with prejudice . (Kaminski, H) Modified on 12/19/2014 (Kaminski, H).
October 31, 2013	Filing 110 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/31/13 re: 109 to Appointment of Receiver to Take Possession of, Administer, Market for Sale, and Sell Property Subject to Potential Forfeiture and Lien. (Meuleman, A) (Main Document 110 replaced on 10/31/2013) (Meuleman, A).
August 21, 2013	Filing 108 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/20/13 ORDERING the Complaint is dismissed with prejudice as to the defendant Antelope Property. And, based upon the allegations set forth in the Complaint for Forfeiture In Rem filed 3/20/12, 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 d efendant Antelope Property located at 7447 Antelope Road, Citrus Heights, CA, Sacramento County, APN: 204-0202-014-0000, and (2) the commencement and prosecution of this forfeiture action against the defendant Antelope Property. IT IS FURTHER ORDERE D that the United States shall withdraw its Notice of Lis Pendens recorded against defendant Antelope 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 Antelope Property within seven days after the date of entry of this Order. (Becknal, R)
June 12, 2013	Filing 106 STIPULATION and ORDER for Expedited Settlement between Unites States and Lien holder Mechanics Bank Regarding property located at 10293 Rockingham Drive, Rancho Cordova, California signed by District Judge Troy L. Nunley on 6/11/13. (Mena-Sanchez, L)
June 7, 2013	Filing 103 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/6/13: 102 Stipulation is approved in its entirety. The Complaint is dismissed with prejudice as to the defendant, Volunteer Property. (Kaminski, H)
June 4, 2013	Filing 101 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/3/2013 ORDERING 100 the Stipulation is APPROVED in its entirety; the complaint is DISMISSED with prejudice as to Real property located at 2143 Outrigger Drive, El Dorado Hills, CA, El Dorado County, APN: 110-612-05-100; CERTIFICATE OF REASONABLE CAUSE pursuant to 28:2465, that there was reasonable cause for the posting of defendant Outrigger Property; and the commencement and prosecution of this forfeiture action against defendant Outrigger Property; IT IS FURTHER ORDERED that the US shall withdraw its Notice of Lis Pendens.(Reader, L)
March 28, 2013	Filing 95 STIPULATION and ORDER 93 signed by Chief Judge Morrison C. England, Jr., on 3/26/13: The hearing on the Motion to Dismiss is continued from 4/18/2013, until a decision has been made on the United States' motion to stay. (Kastilahn, A)
January 23, 2013	Filing 82 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 1/22/13 APPROVING State Court Receiver Sale of Real Property Located at 8928 Volunteer Lane, Sacramento, CA. (Meuleman, A)
January 16, 2013	Filing 80 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 1/15/13 CONTINUING hearing re: 36 MOTION to DISMISS; Motion Hearing RESET for 4/18/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. (Meuleman, A)
December 5, 2012	Filing 77 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/4/12 ORDERING that the hearing date for 63 MOTION to STAY, and 68 MOTION for SUMMARY JUDGMENT is CONTINUED from 1/24/12 to 2/7/2013. (Mena-Sanchez, L)
November 30, 2012	Filing 76 NON-RELATED CASE ORDER signed by Chief Judge Morrison C. England, Jr. on 11/30/2012. Court is DENYING the 67 Notice of Related Cases without prejudice to it being brought at a later date. (Marciel, M)
November 26, 2012	Filing 74 STIPULATION and ORDER 72 signed by Chief Judge Morrison C. England, Jr., on 11/21/12 ORDERING that 63 the Motion to Stay Forfeiture Proceedings, and 68 Defendant Mechanics Bank's Motion for Summary Judgment are CONTINUED to 1/24/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. (Kastilahn, A)
October 17, 2012	Filing 65 STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 10/16/2012 CONTINUING the Motion Hearing as to 36 Motion to Dismiss to 2/7/2013 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Michel, G)
August 30, 2012	Filing 62 RELATED CASE ORDER signed by Judge Morrison C. England, Jr on 8/30/12: Because the cases are already assigned to the same district judge, this Order is issued for informational purposes only and shall have no effect on the status of the cases. (Kaminski, H)
August 8, 2012	Filing 58 STIPULATION AND ORDER signed by Judge Morrison C. England, Jr on 8/7/12 ORDERING that the hearing on the Motion 36 to Dismiss be continued from 9/6/12, to 10/4/12. (Becknal, R)
July 11, 2012	Filing 54 STIPULATION and ORDER 53 signed by Judge Morrison C. England, Jr. on 7/10/12; The deadline to submit a joint status report is extended from 7/10/12 to 7/20/12. (Matson, R)
July 6, 2012	Filing 52 RELATED CASE ORDER signed by Judge Morrison C. England, Jr on 7/5/12: Because the cases are already assigned to the same district judge, this Order is issued for informational purposes only and shall have no effect on the status of the cases. (Kaminski, H)
June 19, 2012	Filing 39 STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 6/19/2012 ORDERING 36 Motion to Dismiss hearing Reset for 9/6/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Reader, L)
May 23, 2012	Filing 28 STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 5/23/12 ORDERING that the deadline to file a joint status report in this case is EXTENDED from 5/21/12 to 7/10/2012. (Mena-Sanchez, L)
April 23, 2012	Filing 12 RELATED CASE ORDER signed by Judge Morrison C. England, Jr. on 4/20/2012 ORDERING that the action denominated 2:12-cv-00706-WBS-GGH, United States of America v. Real Property located at 2541 Zuider Zee Cirlce, Elverta, California, Sacramento County, APN: 203-0211-030-0000, Including all Appurtenances and All Improvements Thereto, et al., is REASSIGNED to Judge Morrison C. England, Jr. and Dale A. Drozd for all further proceedings, and any dates currently set in this reassigned case only is hereb y VACATED. The Clerk of the Court is to issue an Order Requiring Joint Status Report. Henceforth, the caption on documents filed in the reassigned case shall be shown as 2:12-cv-00706-MCE-DAD. IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Zignago, K.)
March 26, 2012	Filing 4 APPLICATION AND ORDER FOR PUBLICATION signed by Magistrate Judge Dale A. Drozd on 3/23/12. (Kastilahn, A)

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Search for this case: United States of America v. Real property located at 149 G Street, Lincoln, California, Placer County, APN: 008-266-015-000 et al
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Plaintiff: United States of America
Represented By:	Kevin Christopher Khasigian
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Defendant: Real property located at 149 G Street, Lincoln, California, Placer County, APN: 008-266-015-000
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Defendant: Real property located at 167 G Street, Lincoln, California, Placer County, APN: 008-266-016-000
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Defendant: Real property located at 1199 Pacific Highway, Unit 406, San Diego, California, San Diego County, APN: 533-471-12-27
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Defendant: Real property located at 10940 Fair Oaks Boulevard, Fair Oaks, California, Sacramento County, APN: 244-0344-013-0000
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Defendant: Real property located at 2143 Outrigger Drive, El Dorado Hills, California, El Dorado County, APN: 110-612-05-100
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Defendant: Real property located at 8928 Volunteer Lane, Sacramento, California, Sacramento County, APN: 078-0450-026-0000
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Defendant: Real property located at 833 West Sycamore Street, Willows, California, Glenn County, APN: 001-21-2-003-0
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Defendant: Real property located at 7447 Antelope Road, Citrus Heights, California, Sacramento County, APN: 204-0202-014-0000
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Defendant: Real property located at 10293 Rockingham Drive, Rancho Cordova, California, Sacramento County, APN: 077-0050-044-0000
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Defendant: Real property located at 675 Kulike Road, Haiku, Maui, Hawaii, Maui County, Tax Map Key No: (2) 2-8-04-072
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Defendant: Real property located at 575 Menlo Drive, Rocklin, California, Placer County, APN: 017-283-004-000
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Claimant: Mechanics Bank
Represented By:	John A Graham
Represented By:	Robert B. Kaplan
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