1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER TO VACATE THE INTERLOCUTORY SALE

AND TO DISMISS THE FORFEITURE ACTION - 1

(CR06-159RSM)

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101

(206) 553-7970

Judge Martinez

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v.

BERNARD CASEY, 

Defendants.

(Title may be vested in the name of 

Bernard Casey)

 

)

)

)

)

)

)

)

)

)

)

)

)

)

NO. CR06-0159RSM

ORDER TO VACATE THE

INTERLOCUTORY SALE ORDER OF THE 

REAL PROPERTY KNOWN AS LOTS 6 and

7, BLOCK 15 OF BAYVIEW, RUSTON,

WASHINGTON AND TO DISMISS THE

FORFEITURE ACTION AS TO THE REAL

PROPERTY

THIS MATTER having come on by motion of Plaintiff, United States of America, to

vacate the Order for the interlocutory sale of the real property located at 5300XXX North

Court Street, Ruston, Washington, and known as Lots 6 and 7, Block 15 of Bayview,

Ruston, Washington, and to dismiss the forfeiture action as to the above identified real

property based on disputed property lot lines and the placement of fences which have

resulted in the inability of the government to pass clear title, and the fact these issues that

will need to be resolved before the property can be sold and clear title passed to any

prospective purchaser of the real property located at 5300XXX North Court Street, Ruston,

Washington. 

\\

Case 2:06-cr-00159-RSM Document 46 Filed 06/27/07 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER TO VACATE THE INTERLOCUTORY SALE

AND TO DISMISS THE FORFEITURE ACTION - 2

(CR06-159RSM)

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101

(206) 553-7970

It is hereby

ORDERED this Court’s Order for Interlocutory Sale entered on August 28, 2006 is

vacated, and the government’s motion to dismiss the real property located at 5300XXX

North Court Street, Ruston, Washington, and known as Lots 6 and 7, Block 15 of Bayview,

Ruston, Washington from the indictment in this case is GRANTED.

DATED this 26 day of June , 2007.

A

RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE

Presented by:

 /s/ Richard E. Cohen 

RICHARD E. COHEN

Assistant United States Attorney

700 Stewart Street, Suite 5220

Seattle, Washington 98101-1271

Telephone: 206-553-2242

Fax No.: 206-553-6934 

Email: Richard.E.Cohen@usdoj.gov

 /s/ Susan M. Roe 

SUSAN M. ROE

Assistant United States Attorney

700 Stewart Street, Suite 5220

Seattle, Washington 98101

Telephone: 206-553-7970

Fax No.: 206-553-4440

Email: Susan.Roe@usdoj.gov

Case 2:06-cr-00159-RSM Document 46 Filed 06/27/07 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER TO VACATE THE INTERLOCUTORY SALE

AND TO DISMISS THE FORFEITURE ACTION - 3

(CR06-159RSM)

UNITED STATES ATTORNEY

700 STEWART STREET, SUITE 5220

SEATTLE, WASHINGTON 98101

(206) 553-7970

EXHIBIT A

LEGAL DESCRIPTION

Lots 6 and 7 in Block 15 of Bay View, as per Plat Recorded in Volume 2 of

Plats, Page 21, Records of Piece County Auditor.

Assessor’s Property Tax Parcel Account Number: 2365000420

Case 2:06-cr-00159-RSM Document 46 Filed 06/27/07 Page 3 of 3