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

Filing 42

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/16/14 ORDERING that Defendant Rosedale Water Company (a California corporation) is DISMISSED as Defendant in this Action. The Clerk is directed to terminate said Defendant from t he Official Docket of this case. IT IS FURTHER ORDERED that, after this Order is served upon ROSEDALE, no further documents in this case need to be served upon said Defendant. IT IS FURTHER ORDERED that said ROSEDALE 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. (Mena-Sanchez, L)

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 ROSEDALE WATER COMPANY, A
CALIFORNIA CORPORATION, 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 ROSEDALE WATER COMPANY, A CALIFORNIA CORPORATION (hereinafter

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

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STIPULATION AND ORDER OF DISMISSAL OF
ROSEDALE WATER COMPANY

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1 for its approval.
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First, ROSEDALE disclaims interest or estate in the real property interests that are the subject

3 matter of this federal condemnation action. This disclaimer does not extend to any other assets held by
4 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 ROSEDALE be dismissed as Defendant in this action, and that any further service of
7 documents upon ROSEDALE following service of this Order, is not necessary, and that ROSEDALE
8 may be 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: 12/15/14
By:

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

By:

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/s/
ROSEDALE WATER COMPANY, A CALIFORNIA
CORPORATION

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Date: 12/08/14
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STIPULATION AND ORDER OF DISMISSAL OF
ROSEDALE WATER COMPANY

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ORDER

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IT IS ORDERED that Defendant ROSEDALE WATER COMPANY, A CALIFORNIA

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3 CORPORATION (hereinafter “ROSEDALE”) is dismissed as Defendant in this action. The Clerk of
4 the 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 ROSEDALE, no further

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6 documents in this case need to be served upon said Defendant.
IT IS FURTHER ORDERED that said ROSEDALE may be omitted from the caption of this

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8 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 16, 2014
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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER OF DISMISSAL OF
ROSEDALE WATER COMPANY

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