United States of America v. 1.73 Acres of Land, More or Less, Situate in Tulare County, State of California et al
Filing
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ORDER DISMISSING Defendant Provident Mortgage Corporation Based Upon Disclaimer, signed by Chief Judge Anthony W. Ishii on 9/9/2011. (Jessen, A)
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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
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
CASE NO. 1:11-cv-01492 AWI MJS
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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,
STIPULATION OF DISMISSAL OF
DEFENDANT PROVIDENT
MORTGAGE CORPORATION,
BASED UPON DISCLAIMER;
ORDER THEREON
Defendants.
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Defendant PROVIDENT MORTGAGE CORPORATION (hereinafter “PROVIDENT”) and
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Plaintiff the United States of America, submit the following stipulation to the Court for its approval.
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First, PROVIDENT disclaims interest or estate in the real property interests that are the subject
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matter of this federal condemnation action. This disclaimer does not extend to any other assets held by
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other parties to this action.
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________________________________
Stipulation of Dismissal of Provident Mortgage Corp.
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Second, in light of this disclaimer of interest in the subject matter of this action, the parties request
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that PROVIDENT be dismissed as Defendant in this action, and that any further service of documents
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upon PROVIDENT following service of this Order, is not necessary, and that PROVIDENT may be
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omitted from the caption of this case in all subsequent filings with the Court.
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Finally, the other parties remain in the case and this dismissal does not close the case file.
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BENJAMIN B. WAGNER
United States Attorney
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Date: 9/9/2011
By:
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/s/ Lynn Trinka Ernce
LYNN TRINKA ERNCE
Assistant United States Attorney
Attorneys for Plaintiff, the United States of America
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Date: 9/7/2011
By:
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/s/ Mary Salierno
PROVIDENT MORTAGAGE CORPORATION
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________________________________
Stipulation of Dismissal of Provident Mortgage Corp.
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ORDER
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IT IS ORDERED that Defendant PROVIDENT MORTGAGE CORPORATION (hereinafter
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“PROVIDENT”) is dismissed as Defendant in this action. The Clerk of the Court is directed to terminate
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said Defendant from the Official Docket of this case.
IT IS FURTHER ORDERED that, after this Order is served upon PROVIDENT, no further
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documents in this case need to be served upon said Defendant.
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IT IS FURTHER ORDERED that said PROVIDENT may be omitted from the caption of this case
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in all future filings. IT IS FURTHER ORDERED that other Defendants remain in the case, which is
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to remain open.
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IT IS SO ORDERED.
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Dated: September 9, 2011
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CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:
0m8i788
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________________________________
Stipulation of Dismissal of Provident Mortgage Corp.
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