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

Filing 51

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 the 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.(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,

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

Plaintiff,

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v.
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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.
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STIPULATION AND ORDER OF DISMISSAL OF
ROSEDALE WATER COMPANY

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STIPULATION AND ORDER OF
DISMISSAL OF ROSEDALE WATER
COMPANY, A CALIFORNIA
CORPORATION, BASED UPON
DISCLAIMER; ORDER THEREON

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Defendant ROSEDALE WATER COMPANY, A CALIFORNIA CORPORATION (hereinafter

2 “ROSEDALE”), and Plaintiff the United States of America, submit the following stipulation to the
3 Court for its approval.
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First, ROSEDALE disclaims interest or estate in the real property interests that are the subject

5 matter of this federal condemnation action. This disclaimer does not extend to any other assets held by
6 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

8 request that ROSEDALE be dismissed as Defendant in this action, and that any FURTHER service of
9 documents upon ROSEDALE following service of this Order, is not necessary, and that ROSEDALE
10 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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