United States of America v. 13.03 Acres of Land, et al

Filing 26

ORDER signed by District Judge Troy L. Nunley on 12/5/2014 ORDERING that Defendant Carl Adair Brown (aka C. Adair Brown) is DISMISSED as Defendant in this action. (Zignago, K.)

1 BENJAMIN B. WAGNER
United States Attorney
2 LYNN TRINKA ERNCE
Assistant United States Attorney
3 501 I Street Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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6 Attorneys for United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 UNITED STATES OF AMERICA,
Plaintiff,

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CASE NO. 1:14-cv-01816-TLN-SKO
STIPULATION AND ORDER OF DISMISSAL
OF CARL ADAIR BROWN AKA C. ADAIR
BROWN, BASED UPON DISCLAIMER; ORDER
THEREON

v.

14 13.03 ACRES OF LAND, MORE OR LESS,
SITUATE IN TULARE COUNTY, STATE OF
15 CALIFORNIA; JOSEPH M. HANNEGAN,
TRUSTEE UNDER THE JOSEPH E.
16 HANNEGAN TRUST; ROSEDALE WATER
COMPANY, A CALIFORNIA
17 CORPORATION; SUCCESS DEVELOPMENT
COMPANY, A CALIFORNIA
18 CORPORATION; JOYCE D. TZUGARIS AKA
JOYCE D. KING AKA J.D. TZUGARIS AKA
19 J.D. KING; CARL ADAIR BROWN AKA C.
ADAIR BROWN; BARBARA J. BROWN;
20 HEIRS AND ASSIGNS OF GARY A.
CHRISTENSEN; HEIRS AND ASSIGNS OF
21 EVA C. CHRISTENSEN; CHICAGO TITLE
INSURANCE COMPANY; HEIRS AND
22 ASSIGNS OF WILLIAM R. REYNOLDS;
ARLENE REYNOLDS, TRUSTEE UNDER
23 THE REYNOLDS SURVIVOR’S TRUST;
TULARE COUNTY TREASURER AND TAX
24 COLLECTOR; and UNKNOWN OWNERS,
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Defendants.

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Defendant CARL ADAIR BROWN AKA C. ADAIR BROWN (hereinafter “CARL ADAIR

28 BROWN”) and Plaintiff the United States of America, submit the following stipulation to the Court for

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STIPULATION AND ORDER OF DISMISSAL OF CARL
ADAIR BROWN AKA C. ADAIR BROWN

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1 its approval.
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First, CARL ADAIR BROWN disclaims interest or estate in the real property interests that are

3 the subject matter of this federal condemnation action. This disclaimer does not extend to any other
4 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

6 request that CARL ADAIR BROWN be dismissed as Defendant in this action, and that any further
7 service of documents upon CARL ADAIR BROWN following service of this Order, is not necessary,
8 and that CARL ADAIR BROWN may be omitted from the caption of this case in all subsequent filings
9 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: 11/26/14
By:

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/s/
LYNN TRINKA ERNCE
Assistant United States Attorney
Attorneys for Plaintiff, United States of America

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Date: 11/24/14
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By:

/s/
CARL ADAIR BROWN AKA C. ADAIR BROWN

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STIPULATION AND ORDER OF DISMISSAL OF CARL
ADAIR BROWN AKA C. ADAIR BROWN

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ORDER

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IT IS ORDERED that Defendant CARL ADAIR BROWN AKA C. ADAIR BROWN

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3 (hereinafter “CARL ADAIR BROWN”) is dismissed as Defendant in this action. The Clerk of the
4 Court is directed to terminate said Defendant from the Official Docket of this case.
IT IS FURTHER ORDERED that, after this Order is served upon CARL ADAIR BROWN, no

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6 further documents in this case need to be served upon said Defendant.
IT IS FURTHER ORDERED that said CARL ADAIR BROWN may be omitted from the

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8 caption of this case in all future filings.
IT IS FURTHER ORDERED that other Defendants remain in the case, which is to remain

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10 open.
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13 Dated: December 5, 2014
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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER OF DISMISSAL OF CARL
ADAIR BROWN AKA C. ADAIR BROWN

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