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

Filing 57

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/23/14 ORDERING that defendant Harding & Leggett, Inc. is DISMISSED from this action. (Kastilahn, A)

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
HARDING & LEGGETT, INC.

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STIPULATION AND ORDER OF
DISMISSAL OF HARDING & LEGGETT,
INC., BASED UPON DISCLAIMER; ORDER
THEREON

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Defendant HARDING & LEGGETT, INC. and Plaintiff the United States of America, submit

2 the following stipulation to the Court for its approval.
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First, HARDING & LEGGETT, INC. disclaims interest or estate in the real property interests

4 that are the subject matter of this federal condemnation action. This disclaimer does not extend to any
5 other assets held by 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

7 request that HARDING & LEGGETT, INC.be dismissed as Defendant in this action, and that any
8 FURTHER service of documents upon HARDING & LEGGETT, INC. following service of this Order,
9 is not necessary, and that HARDING & LEGGETT, INC. may be omitted from the caption of this case
10 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: December 18, 2014
By:

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/s/
LYNN TRINKA ERNCE
Assistant United States Attorney
Attorneys for Plaintiff, United States of America

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Date: December 18, 2014
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By:

/s/
HARDING & LEGGETT, INC

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STIPULATION AND ORDER OF DISMISSAL OF
HARDING & LEGGETT, INC.

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ORDER

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IT IS ORDERED that Defendant HARDING & LEGGETT, INC. is dismissed as Defendant in

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3 this action. The Clerk of the Court is directed to terminate said Defendant from the Official Docket of
4 this case.
IT IS FURTHER ORDERED that, after this Order is served upon HARDING & LEGGETT,

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6 INC., no further documents in this case need to be served upon said Defendant.
IT IS FURTHER ORDERED that said HARDING & LEGGETT, INC. may be omitted from the

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8 caption of this 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.

11 Dated: December 23, 2014
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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER OF DISMISSAL OF
HARDING & LEGGETT, INC.

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