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

Filing 62

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/12/15 re: 60 DISMISSING Defendant Tulare County Treasurer and Tax Collector as Defendant in this action. The Clerk of the Court is DIRECTED to terminate said Defendant from the Of ficial Docket of this case; IT IS FURTHER ORDERED that, after this Order is served upon Tulare County, no further documents in this case need to be served upon said Defendant. IT IS FURTHER ORDERED that said Tulare County may be omitted from the caption of this case in all future filings. IF IS FURTHER ORDERED that other Defendants remain in the case, which is to remain open. Tulare County Treasurer and Tax Collector terminated.(Meuleman, A)

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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 TULARE COUNTY TREASURER AND TAX COLLECTOR, 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 28 30 STIPULATION AND ORDER OF DISMISSAL OF TULARE COUNTY TREASURER AND TAX COLLECTOR (Hannegan) 1 Defendant TULARE COUNTY TREASURER AND TAX COLLECTOR (hereinafter 1 2 “TULARE COUNTY”) and plaintiff the United States of America, submit the following stipulation to 3 the Court for its approval. First, TULARE COUNTY disclaims interest or estate in the real property interests that are the 4 5 subject matter of this federal condemnation action. This disclaimer does not extend to any other assets 6 held by other parties to this action. Second, in light of this disclaimer of interest in the subject matter of this action, the parties 7 8 request that TULARE COUNTY be dismissed as Defendant in this action, and that any further service 9 of documents upon TULARE COUNTY following service of this Order, is not necessary, and that 10 TULARE COUNTY may be omitted from the caption of this case in all subsequent filings with the 11 Court. 12 Finally, the other parties remain in the case and this dismissal does not close the case file. 13 BENJAMIN B. WAGNER United States Attorney 14 15 16 Date: 2/12/2015 By: 17 18 /s/ Lynn Trinka Ernce LYNN TRINKA ERNCE Assistant United States Attorney Attorneys for Plaintiff, United States of America 19 KATHLEEN BALES-LANGE Tulare County Counsel 20 21 22 Date: 2/11/2015 23 By: 24 /s/ Kathleen A. Taylor KATHLEEN A. TAYLOR Deputy County Counsel Attorneys for Defendant Tulare County Treasurer and Tax Collector 25 26 27 28 30 STIPULATION AND ORDER OF DISMISSAL OF TULARE COUNTY TREASURER AND TAX COLLECTOR (Hannegan) 2 ORDER 1 IT IS ORDERED that Defendant TULARE COUNTY TREASURER AND TAX COLLECTOR 2 3 (hereinafter “TULARE COUNTY”) is dismissed as Defendant in this action. The Clerk of the Court is 4 directed to terminate said Defendant from the Official Docket of this case. IT IS FURTHER ORDERED that, after this Order is served upon TULARE COUNTY, no 5 6 further documents in this case need to be served upon said Defendant. IT IS FURTHER ORDERED that said TULARE COUNTY may be omitted from the caption of 7 8 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: February 12, 2015 14 15 16 Troy L. Nunley United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 30 STIPULATION AND ORDER OF DISMISSAL OF TULARE COUNTY TREASURER AND TAX COLLECTOR (Hannegan) 3

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