USA v. 39.77 Acres of Land, More or Less, Situate in Tulare Co., et al.

Filing 42

AMENDED APPLICATION and ORDER for PUBLICATION signed by District Judge Troy L. Nunley on 12/10/14. (Dillon, M)

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,

CASE NO. 1:14-cv-01819 TLN SKO

Plaintiff,

12

AMENDED APPLICATION AND ORDER
FOR PUBLICATION

v.
13
39.77 ACRES OF LAND, MORE OR LESS,
14 SITUATE IN TULARE COUNTY, STATE OF
CALIFORNIA; RANDALL L. CARROLL,
15 TRUSTEE UNDER THE RANDALL L.
CARROLL SEPARATE PROPERTY TRUST;
16 ROSEDALE WATER COMPANY, A
CALIFORNIA CORPORATION; SUCCESS
17 DEVELOPMENT COMPANY, A CALIFORNIA
CORPORATION; JOYCE D. TZUGARIS AKA
18 JOYCE D. KING AKA J.D. TZUGARIS AKA J.D.
KING; CARL ADAIR BROWN AKA C. ADAIR
19 BROWN; BARBARA J. BROWN; SUCCESS
MUTUAL WATER COMPANY, A CALIFORNIA
20 CORPORATION; SUCCESS PROPERTIES, A
JOINT VENTURE OF J. RAND OLSON AKA
21 RAND OLSON AKA RAND J. OLSON AKA
RAND JON OLSON AKA J.R. OLSON, KEITH D.
22 OLSON AND C. ADAIR BROWN; CHICAGO
TITLE COMPANY, A CALIFORNIA
23 CORPORATION; HARDING & LEGGETT, INC.;
MODOC COUNTY TITLE CO., INC.; JAMES L.
24 HOLDEN, TRUSTEE OF THE CHESTER M.
MASON FAMILY TRUST; JAMES BRADLEY
25 CLARK AKA JAMES B. CLARK; PAULA DEAN
CLARK AKA PAULA D. CLARK; TULARE
26 COUNTY ESCROW CO.; TULARE COUNTY
TREASURER AND TAX COLLECTOR; and
27 UNKNOWN OWNERS,
Defendants.
28

30

AMENDED APPLICATION AND ORDER
FOR PUBLICATION

1

1

On November 24, 2014, the Court entered an Order permitting the United States of America to

2 serve Unknown Owners and defendant Success Development Company by publication. Dkt. No. 15.
3 The United States has served all other defendants with court documents by certified mail. The package
4 of documents served on defendant Success Mutual Water Company was returned to the United States as
5 undeliverable and the United States believes that Success Mutual Water Company no longer exists as a
6 legal entity. For these reasons, the United States believes that Success Mutual Water Company cannot
7 be served by other means and respectfully requests that the Court modify its Order to include Success
8 Mutual Water Company as a defendant who may be served by publication. Accordingly, the United
9 States applies for an amended order of publication as follows:
10

1.

Rule 71.1(d)(3)(B) of the Federal Rules of Civil Procedure provides that upon the filing

11 of a Certificate for Service by Publication, defendants whose addresses cannot be determined after
12 diligent inquiry within the state and unknown owners may be served by publication by a notice
13 addressed to such defendants and/or to “Unknown Owners.”
14

2.

Local Rule 171 (Fed. R. Civ. P. 83), Eastern District of California, provides that the

15 Court shall designate by order the appropriate newspaper for publication upon the filing by counsel of
16 a motion proposing the place and manner of such publication setting forth such information as the
17 language to be published, the frequency of publication, the reasons underlying selection of the proposed
18 vehicle of publication, and related matters;
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3.

The United States proposes that publication be made as follows:

20

a.

Publication shall be made once a week for not less than three successive weeks pursuant

21 to Fed. R. Civ. P. 71.1(d)(3)(B);
22

b.

Service by publication is complete upon the date of the last publication. Proof of

23 publication and mailing shall be made by certificate of the plaintiff’s attorney, to which shall be attached
24 a printed copy of the published notice with the names and dates of the newspaper marked thereon.
25

c.

Publication shall be made in the TULARE ADVANCE-REGISTER, a newspaper of

26 general circulation, printed and published in the City of Visalia, County of Tulare, which newspaper has
27 been adjudged a newspaper of general circulation within the County of Tulare, by the Superior Court of
28 the County of Tulare, State of California;

30

AMENDED APPLICATION AND ORDER
FOR PUBLICATION

2

1

d.

The publication is to be addressed to: Success Development Company, a California

2 corporation; Success Mutual Water Company, a California Corporation; and “Unknown Owners” and is
3 to include the following:
4

(1)

The Court, title and number of the action;

5

(2)

That the action is to condemn the property;

6

(3)

A description of the property sufficient for its identification;

7

(4)

The interest to be taken;

8

(5)

The authority for the taking;

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(6)

The uses for which the property is to be taken;

10

(7)

That the defendant may serve upon the Plaintiff’s attorney an answer within

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21 days after service of the notice, and that failure to do so constitutes consent to

12

the taking and to the authority of the court to proceed to hear the action and to fix

13

the compensation; and

14
15

(8)

The name and address of the United States’ attorney, where the attorney may be
served, and the telephone number of the attorney.

16 DATED: December 9, 2014

BENJAMIN B. WAGNER
United States Attorney

17
/s/ Lynn Trinka Ernce
LYNN TRINKA ERNCE
Assistant U.S. Attorney

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19
20
21

ORDER

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23
24 IT IS SO ORDERED.
25 Dated: December 10, 2014
26
27

Troy L. Nunley
United States District Judge

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30

AMENDED APPLICATION AND ORDER
FOR PUBLICATION

3