USA v. 39.77 Acres of Land, More or Less, Situate in Tulare Co., et al.
Filing
15
Order for Publication, signed by Magistrate Judge Stanley A. Boone on 11/21/2014. (Figueroa, O)
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-01819 SAB
ORDER FOR PUBLICATION
v.
14 39.77 ACRES OF LAND, MORE OR LESS,
SITUATE IN TULARE COUNTY, et al.,
15
Defendants.
16
17
The United States of America hereby applies for an order of publication as follows:
18
1.
Rule 71.1(d)(3)(B) of the Federal Rules of Civil Procedure provides that upon the filing
19 of a Certificate for Service by Publication (see attachment), defendants whose addresses cannot be
20 determined after diligent inquiry within the state and unknown owners may be served by publication by
21 a notice addressed to such defendants and/or to “Unknown Owners.”
22
2.
Local Rule 171 (Fed. R. Civ. P. 83), Eastern District of California, provides that the
23 Court shall designate by order the appropriate newspaper for publication upon the filing by counsel of
24 a motion proposing the place and manner of such publication setting forth such information as the
25 language to be published, the frequency of publication, the reasons underlying selection of the proposed
26 vehicle of publication, and related matters;
27
3.
The United States proposes that publication be made as follows:
28
1
30
1
a.
Publication shall be made once a week for not less than three successive weeks pursuant
2 to Fed. R. Civ. P. 71.1(d)(3)(B);
3
b.
Service by publication is complete upon the date of the last publication. Proof of
4 publication and mailing shall be made by certificate of the plaintiff’s attorney, to which shall be attached
5 a printed copy of the published notice with the names and dates of the newspaper marked thereon.
6
c.
Publication shall be made in the TULARE ADVANCE-REGISTER, a newspaper of
7 general circulation, printed and published in the City of Visalia, County of Tulare, which newspaper has
8 been adjudged a newspaper of general circulation within the County of Tulare, by the Superior Court of
9 the County of Tulare, State of California;
10
d.
The publication is to be addressed to: Success Development Company, a California
11 corporation; and “Unknown Owners” and is to include the following:
12
(1)
The Court, title and number of the action;
13
(2)
That the action is to condemn the property;
14
(3)
A description of the property sufficient for its identification;
15
(4)
The interest to be taken;
16
(5)
The authority for the taking;
17
(6)
The uses for which the property is to be taken;
18
(7)
That the defendant may serve upon the Plaintiff’s attorney an answer within 21
19
days after service of the notice, and that failure to do so constitutes consent to the
20
taking and to the authority of the court to proceed to hear the action and to fix the
21
compensation; and
22
23
(8)
The name and address of the United States’ attorney, where the attorney may be
served, and the telephone number of the attorney.
24 DATED: November 19, 2014
BENJAMIN B. WAGNER
United States Attorney
25
26
27
/s/ Lynn Trinka Ernce
LYNN TRINKA ERNCE
Assistant U.S. Attorney
28
2
30
1
ORDER
2
3
4
5 IT IS SO ORDERED.
6 Dated:
7
November 21, 2014
UNITED STATES MAGISTRATE JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
30
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?