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

Filing 39

STIPULATION and ORDER of DISMISSAL of Defendant Carl Adair Brown signed by Chief Judge Anthony W. Ishii on 9/27/2011. Carl Adair Brown terminated. (Sant Agata, S)

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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: [phone]
Facsimile: [phone]

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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,

CASE NO. 1:11-cv-01492 AWI MJS

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Plaintiff,
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v.
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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,
Defendants.

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STIPULATION OF DISMISSAL OF
DEFENDANT CARL ADAIR
BROWN, BASED UPON
DISCLAIMER; ORDER THEREON

Defendant CARL ADAIR BROWN aka C. ADAIR BROWN (hereinafter “CARL ADAIR
BROWN”) and Plaintiff the United States of America, submit the following stipulation to the Court for its
approval.
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Stipulation of Dismissal of Carl Adair Brown

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First, CARL ADAIR BROWN disclaims interest or estate in the real property interests that are the
subject matter of this federal condemnation action. This disclaimer does not extend to any other assets
held by other parties to this action.

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Second, in light of this disclaimer of interest in the subject matter of this action, the parties request
that CARL ADAIR BROWN be dismissed as Defendant in this action, and that any further service of
documents upon CARL ADAIR BROWN following service of this Order, is not necessary, and that
CARL ADAIR BROWN may be omitted from the caption of this case in all subsequent filings with the
Court.
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: September 20, 2011
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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: September 6, 2011
By:

/s/ Carl Adair Brown
CARL ADAIR BROWN

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Stipulation of Dismissal of Carl Adair Brown

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ORDER
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IT IS ORDERED that Defendant CARL ADAIR BROWN aka C. ADAIR BROWN (hereinafter
“CARL ADAIR BROWN”) is dismissed as Defendant in this action. The Clerk of the Court is directed
to terminate said Defendant from the Official Docket of this case.

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IT IS FURTHER ORDERED that, after this Order is served upon CARL ADAIR BROWN, no
further documents in this case need to be served upon said Defendant.

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IT IS FURTHER ORDERED that said CARL ADAIR BROWN may be omitted from the caption
of this case in all future filings. IT IS FURTHER ORDERED that other Defendants remain in the
case, which is to remain open.

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IT IS SO ORDERED.

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Dated:
ciem0h

September 27, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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Stipulation of Dismissal of Carl Adair Brown

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