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

Filing 44

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/10/14. IT IS ORDERED that JOYCE D. TZUGARIS AKA JOYCE D. KING AKA J.D. TZUGARIS AKA J.D. KING, (hereinafter JOYCE D. TZUGARIS), is dismissed as Defendant in this action. The Cle rk of 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 JOYCE D. TZUGARIS, no further documents in this case need to be served upon said Defendant. IT IS FURTHER ORDERED that said JOYCE D. TZUGARIS 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.(Dillon, M)

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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, CASE NO. 1:14-cv-01819-TLN-SKO Plaintiff, 12 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 STIPULATION AND ORDER OF DISMISSAL OF JOYCE D. TZUGARIS 1 STIPULATION AND ORDER OF DISMISSAL OF JOYCE D. TZUGARIS AKA JOYCE D. KING AKA J.D. TZUGARIS AKA J.D. KING, BASED UPON DISCLAIMER; ORDER THEREON 1 Defendant JOYCE D. TZUGARIS AKA JOYCE D. KING AKA J.D. TZUGARIS AKA J.D. 2 KING, (hereinafter “JOYCE D. TZUGARIS”), and Plaintiff the United States of America, submit the 3 following stipulation to the Court for its approval. 4 First, JOYCE D. TZUGARIS disclaims interest or estate in the real property interests that are the 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. 7 Second, in light of this disclaimer of interest in the subject matter of this action, the parties 8 request that JOYCE D. TZUGARIS be dismissed as Defendant in this action, and that any FURTHER 9 service of documents upon JOYCE D. TZUGARIS following service of this Order, is not necessary, and 10 that JOYCE D. TZUGARIS may be omitted from the caption of this case in all subsequent filings with 11 the 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: 12/8/14 By: /s/ LYNN TRINKA ERNCE Assistant United States Attorney Attorneys for Plaintiff, United States of America By: 17 /s/ JOYCE D. TZUGARIS AKA JOYCE D. KING AKA J.D. TZUGARIS AKA J.D. KING 18 19 20 Date: 12/01/14 21 22 23 24 25 26 27 28 30 STIPULATION AND ORDER OF DISMISSAL OF JOYCE D. TZUGARIS 2 ORDER 1 IT IS ORDERED that JOYCE D. TZUGARIS AKA JOYCE D. KING AKA J.D. TZUGARIS 2 3 AKA J.D. KING, (hereinafter “JOYCE D. TZUGARIS”), is dismissed as Defendant in this action. The 4 Clerk of 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 JOYCE D. TZUGARIS, no 5 6 further documents in this case need to be served upon said Defendant. IT IS FURTHER ORDERED that said JOYCE D. TZUGARIS may be omitted from the caption 7 8 of 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: December 10, 2014 14 15 Troy L. Nunley United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 30 STIPULATION AND ORDER OF DISMISSAL OF JOYCE D. TZUGARIS 3

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