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

Filing 27

ORDER signed by District Judge Troy L. Nunley on 12/5/2014 ORDERING that Defendant Heirs and Assigns of William R. Reynolds 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]
5
6 Attorneys for United States of America
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11 UNITED STATES OF AMERICA,
Plaintiff,

12
13

CASE NO. 1:14-cv-01816-TLN-SKO
STIPULATION AND ORDER OF DISMISSAL
OF HEIRS AND ASSIGNS OF WILLIAM R.
REYNOLDS, 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,
25

Defendants.

26
27

Defendant HEIRS AND ASSIGNS OF WILLIAM R. REYNOLDS and Plaintiff the United

28 States of America, submit the following stipulation to the Court for its approval.

30

STIPULATION AND ORDER OF DISMISSAL OF
HEIRS AND ASSIGNS OF WILLIAM R. REYNOLDS

1

First, HEIRS AND ASSIGNS OF WILLIAM R. REYNOLDS disclaims interest or estate in the

1

2 real property interests that are the subject matter of this federal condemnation action. This disclaimer
3 does not extend to any other assets held by other parties to this action.
Second, in light of this disclaimer of interest in the subject matter of this action, the parties

4

5 request that HEIRS AND ASSIGNS OF WILLIAM R. REYNOLDS be dismissed as Defendant in this
6 action, and that any further service of documents upon HEIRS AND ASSIGNS OF WILLIAM R.
7 REYNOLDS following service of this Order, is not necessary, and that HEIRS AND ASSIGNS OF
8 WILLIAM R. REYNOLDS may be omitted from the caption of this case in all subsequent filings with
9 the Court.
Finally, the other parties remain in the case and this dismissal does not close the case file.

10
11

BENJAMIN B. WAGNER
United States Attorney

12
13
14
Date:

12/01/14
By:

15
16

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

17
18
Date: 11/26/14
19

By:

/s/
HEIRS AND ASSIGNS OF WILLIAM R. REYNOLDS

20
21
22
23
24
25
26
27
28

30

STIPULATION AND ORDER OF DISMISSAL OF
HEIRS AND ASSIGNS OF WILLIAM R. REYNOLDS

2

ORDER

1

IT IS ORDERED that Defendant HEIRS AND ASSIGNS OF WILLIAM R. REYNOLDS is

2

3 dismissed as Defendant in this action. The Clerk of the Court is directed to terminate said Defendant
4 from the Official Docket of this case.
IT IS FURTHER ORDERED that, after this Order is served upon HEIRS AND ASSIGNS OF

5

6 WILLIAM R. REYNOLDS, no further documents in this case need to be served upon said Defendant.
IT IS FURTHER ORDERED that said HEIRS AND ASSIGNS OF WILLIAM R. REYNOLDS

7

8 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

9
10 open.
11
12

13 Dated: December 5, 2014
14
15

Troy L. Nunley
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28

30

STIPULATION AND ORDER OF DISMISSAL OF
HEIRS AND ASSIGNS OF WILLIAM R. REYNOLDS

3