United States of America v. 1.73 Acres of Land, More or Less, Situate in Tulare County, State of California et al

Filing 16

APPLICATION AND ORDER FOR PUBLICATION signed by Magistrate Judge Michael J. Seng on 9/9/2011. (Yu, L)

Download PDF
1 2 3 4 BENJAMIN B. WAGNER United States Attorney LYNN TRINKA ERNCE Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2720 Facsimile: (916) 554-2900 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 v. CASE NO. 1:11-cv-01492 AWI MJS 14 15 16 17 18 19 20 21 APPLICATION AND PROPOSED ORDER FOR PUBLICATION 1.73 ACRES OF LAND, MORE OR LESS, SITUATE IN TULARE COUNTY, STATE OF CALIFORNIA; RICK R. ALBA AND PATRICIA J. ALBA, HUSBAND AND WIFE AS JOINT TENANTS; ROSEDALE WATER COMPANY, A CALIFORNIA CORPORATION; SUCCESS DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION; SUCCESS MUTUAL WATER COMPANY, A CALIFORNIA CORPORATION; RANDALL CARROLL; CARL ADAIR BROWN aka C. ADAIR BROWN; PROVIDENT MORTGAGE CORPORATION; TULARE COUNTY TREASURER AND TAX COLLECTOR; and UNKNOWN OWNERS, 22 Defendants. 23 24 The United States of America, plaintiff herein, applies for an order of publication as follows: 25 1. Rule 71.1(d)(3)(B) of the Federal Rules of Civil Procedure provides that, upon the filing 26 of a Certificate for Service by Publication (see Attachment), defendants whose addresses cannot be 27 determined after diligent inquiry within the state and unknown owners may be served by publication by a 28 notice addressed to such defendants and/or to “Unknown Owners.” 29 Application and Proposed Order For Publication 30 1 2. 1 Local Rule 171 (Fed. R. Civ. P. 83), Eastern District of California, provides that the Court 2 shall designate by order the appropriate newspaper for publication upon the filing by counsel of a motion 3 proposing the place and manner of such publication setting forth such information as the language to be 4 published, the frequency of publication, the reasons underlying selection of the proposed vehicle of 5 publication, and related matters; 3. 6 a. 7 8 Plaintiff proposes that publication be made as follows: Publication shall be made once a week for not less than three successive weeks pursuant to Fed. R. Civ. P. 71.1(d)(3)(B); b. 9 Service by publication is complete upon the date of the last publication. Proof of 10 publication and mailing shall be made by certificate of plaintiff’s attorney, to which shall be attached a 11 printed copy of the published notice with the names and dates of the newspaper marked thereon. c. 12 Publication shall be made in the TULARE ADVANCE-REGISTER, a newspaper 13 of general circulation, printed and published in the City of Visalia, County of Tulare, which newspaper 14 has been adjudged a newspaper of general circulation within the County of Tulare, by the Superior Court 15 of the County of Tulare, State of California; d. 16 The publication is to be addressed to: Success Development Company, a 17 California corporation, whose address cannot be determined after diligent inquiry within the state and 18 which is believed to have been dissolved in 1951 (see Exhibit A hereto), and “Unknown Owners,” and is 19 to include the following: 20 (1) The Court, title and number of the action; 21 (2) That the action is to condemn the property; 22 (3) A description of the property sufficient for its identification; 23 (4) The interest to be taken; 24 (5) The authority for the taking; 25 (6) The uses for which the property is to be taken; 26 (7) That the defendant may serve upon the plaintiff’s attorney an answer within 20 days after service of the notice, and that failure to do so constitutes a consent to the 27 28 /// 29 Application and Proposed Order For Publication 30 2 1 taking and to the authority of the court to proceed to hear the action and to fix the 2 compensation; and (8) 3 The name and address of the attorney for the plaintiff where the attorney may be served, and the telephone number of the attorney. 4 5 6 DATED: August 31, 2011 BENJAMIN B. WAGNER United States Attorney 7 By: 8 9 /s/ Lynn Trinka Ernce LYNN TRINKA ERNCE Assistant United States Attorney 10 11 ORDER 12 13 14 15 16 IT IS SO ORDERED. Dated: September 9, 2011 17 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 18 ci4d6 19 20 21 22 23 24 25 26 27 28 29 Application and Proposed Order For Publication 30 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?