USA v. 39.77 Acres of Land, More or Less, Situate in Tulare Co., et al.
Filing
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/23/14 ORDERING that defendant James L. Holden (Trustee of the Chester M. Mason Family Trust) 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: (916) 554-2720
Facsimile: (916) 554-2900
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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
JAMES L. HOLDEN, TRUSTEE UNDER THE CHESTER
M. MASON FAMILY TRUST
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STIPULATION AND ORDER OF
DISMISSAL OF JAMES L. HOLDEN,
TRUSTEE UNDER THE CHESTER M.
MASON FAMILY TRUST, BASED UPON
DISCLAIMER; ORDER THEREON
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Defendant JAMES L. HOLDEN, TRUSTEE UNDER THE CHESTER M. MASON FAMILY
2 TRUST (hereinafter “JAMES L. HOLDEN, TRUSTEE”) and Plaintiff the United States of America,
3 submit the following stipulation to the Court for its approval.
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First, JAMES L. HOLDEN, TRUSTEE disclaims interest or estate in the real property interests
5 that are the subject matter of this federal condemnation action. This disclaimer does not extend to any
6 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
8 request that JAMES L. HOLDEN, TRUSTEE be dismissed as Defendant in this action, and that any
9 FURTHER service of documents upon JAMES L. HOLDEN, TRUSTEE following service of this
10 Order, is not necessary, and that JAMES L. HOLDEN, TRUSTEE may be omitted from the caption of
11 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: 12/17/14
By:
/s/
LYNN TRINKA ERNCE
Assistant United States Attorney
Attorneys for Plaintiff, United States of America
By:
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/s/
JAMES L. HOLDEN, TRUSTEE UNDER THE
CHESTER M. MASON FAMILY TRUST
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Date: 12/11/14
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STIPULATION AND ORDER OF DISMISSAL OF
JAMES L. HOLDEN, TRUSTEE UNDER THE CHESTER
M. MASON FAMILY TRUST
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ORDER
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IT IS ORDERED that Defendant JAMES L. HOLDEN, TRUSTEE UNDER THE CHESTER M.
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3 MASON FAMILY TRUST (hereinafter “JAMES L. HOLDEN, TRUSTEE”) is dismissed as Defendant
4 in this action. The Clerk of the Court is directed to terminate said Defendant from the Official Docket of
5 this case.
IT IS FURTHER ORDERED that, after this Order is served upon JAMES L. HOLDEN,
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7 TRUSTEE, no further documents in this case need to be served upon said Defendant.
IT IS FURTHER ORDERED that said JAMES L. HOLDEN, TRUSTEE may be omitted from
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9 the 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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11 open.
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14 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
JAMES L. HOLDEN, TRUSTEE UNDER THE CHESTER
M. MASON FAMILY TRUST
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