USA v. 39.77 Acres of Land, More or Less, Situate in Tulare Co., et al.
Filing
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STIPULATION and ORDER re: signed by District Judge Troy L. Nunley on 1/9/15 65 ORDERING that Defendant Modoc County Title Co. be DISMISSED as Defendant in this action; FURTHER ORDERING that, after this Order is served upon Modoc County Title, no further documents in this case need to be served upon said Defendant; FURTHER ORDERING that said Modoc County Title may be omitted from the caption of this case in all future filings; and FURTHER ORDERING that other defendants remain in the case, which is to remain open. (Meuleman, 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
Plaintiff,
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STIPULATION OF DISMISSAL OF MODOC
COUNTY TITLE CO., INC., BASED UPON
DISCLAIMER; ORDER THEREON
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 OF DISMISSAL OF MODOC COUNTY
TITLE CO., INC.
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Defendant MODOC COUNTY TITLE CO., INC. (hereinafter “MODOC COUNTY TITLE”)
2 and Plaintiff the United States of America, submit the following stipulation to the Court for its approval.
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First, MODOC COUNTY TITLE disclaims interest or estate in the real property interests that
4 are the subject matter of this federal condemnation action. This disclaimer does not extend to any other
5 assets held by other parties to this action.
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Second, MODOC COUNTY TITLE declares pursuant to California Civil Code Section 2924l
7 (declaration of nonmonetary status) that its sole reason for being named in the action is as trustee on the
8 underlying deed of trust and that is the only reason it has been named, Further, it is trustee’s belief it has
9 done nothing improper and agrees to be bound by the court judgment.
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Third, in light of this disclaimer of interest in the subject matter of this action and the declaration
11 of nonmonetary status, the parties request that MODOC COUNTY TITLE be dismissed as Defendant in
12 this action, and that any FURTHER service of documents upon MODOC COUNTY TITLE following
13 service of this Order, is not necessary, and that MODOC COUNTY TITLE may be omitted from the
14 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: 12/16/14
By:
/s/
LYNN TRINKA ERNCE
Assistant United States Attorney
Attorneys for Plaintiff, United States of America
By:
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/s/
MODOC COUNTY TITLE CO., INC.
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Date: 01/6/15
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STIPULATION OF DISMISSAL OF MODOC COUNTY
TITLE CO., INC.
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ORDER
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IT IS ORDERED that Defendant MODOC COUNTY TITLE CO., INC. (hereinafter “MODOC
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4 COUNTY TITLE”) is dismissed as Defendant in this action. The Clerk of the Court is directed to
5 terminate said Defendant from the Official Docket of this case.
IT IS FURTHER ORDERED that, after this Order is served upon MODOC COUNTY TITLE,
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7 no further documents in this case need to be served upon said Defendant.
IT IS FURTHER ORDERED that said MODOC COUNTY TITLE may be omitted from the
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9 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: January 9, 2015
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Troy L. Nunley
United States District Judge
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STIPULATION OF DISMISSAL OF MODOC COUNTY
TITLE CO., INC.
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