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

Filing 28

ORDER signed by District Judge Troy L. Nunley on 12/5/2014 ORDERING that Defendant Arlene R. Reynolds (Trustee under the Reynolds Survivor's Trust) is DISMISSED as Defendant in this action. (Zignago, K.)

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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: (916) 554-2720 Facsimile: (916) 554-2900 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 ARLENE R. REYNOLDS, TRUSTEE UNDER THE REYNOLDS SURVIVOR’S TRUST, 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 ARLENE R. REYNOLDS, TRUSTEE UNDER THE REYNOLDS SURVIVOR’S 28 TRUST (hereinafter “ARLENE R. REYNOLDS, TRUSTEE”) and Plaintiff the United States of 30 STIPULATION AND ORDER OF DISMISSAL OF ARLENE R. REYNOLDS, TRUSTEE UNDER THE REYNOLDS SURVIVOR’S TRUST 1 1 America, submit the following stipulation to the Court for its approval. 2 First, ARLENE R. REYNOLDS, TRUSTEE disclaims interest or estate in the real property 3 interests that are the subject matter of this federal condemnation action. This disclaimer does not extend 4 to any other assets held by other parties to this action. 5 Second, in light of this disclaimer of interest in the subject matter of this action, the parties 6 request that ARLENE R. REYNOLDS, TRUSTEE be dismissed as Defendant in this action, and that 7 any further service of documents upon ARLENE R. REYNOLDS, TRUSTEE following service of this 8 Order, is not necessary, and that ARLENE R. REYNOLDS, TRUSTEE may be omitted from the 9 caption of this case in all subsequent filings with the Court. 10 Finally, the other parties remain in the case and this dismissal does not close the case file. 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/ ARLENE R. REYNOLDS, TRUSTEE UNDER THE REYNOLDS SURVIVOR’S TRUST 20 21 22 23 24 25 26 27 28 30 STIPULATION AND ORDER OF DISMISSAL OF ARLENE R. REYNOLDS, TRUSTEE UNDER THE REYNOLDS SURVIVOR’S TRUST 2 ORDER 1 IT IS ORDERED that Defendant ARLENE R. REYNOLDS, TRUSTEE UNDER THE 2 3 REYNOLDS SURVIVOR’S TRUST (hereinafter “ARLENE R. REYNOLDS, TRUSTEE”) is 4 dismissed as Defendant in this action. The Clerk of the Court is directed to terminate said Defendant 5 from the Official Docket of this case. IT IS FURTHER ORDERED that, after this Order is served upon ARLENE R. REYNOLDS, 6 7 TRUSTEE, no further documents in this case need to be served upon said Defendant. IT IS FURTHER ORDERED that said ARLENE R. REYNOLDS, TRUSTEE may be omitted 8 9 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 10 11 open. 12 13 14 Dated: December 5, 2014 15 16 17 Troy L. Nunley United States District Judge 18 19 20 21 22 23 24 25 26 27 28 30 STIPULATION AND ORDER OF DISMISSAL OF ARLENE R. REYNOLDS, TRUSTEE UNDER THE REYNOLDS SURVIVOR’S TRUST 3

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