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

Filing 67

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)

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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 Plaintiff, 12 STIPULATION OF DISMISSAL OF MODOC COUNTY TITLE CO., INC., BASED UPON DISCLAIMER; ORDER THEREON 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 OF DISMISSAL OF MODOC COUNTY TITLE CO., INC. 1 1 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. 3 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. 6 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. 10 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. 15 Finally, the other parties remain in the case and this dismissal does not close the case file. 16 BENJAMIN B. WAGNER United States Attorney 17 18 19 Date: 12/16/14 By: /s/ LYNN TRINKA ERNCE Assistant United States Attorney Attorneys for Plaintiff, United States of America By: 20 /s/ MODOC COUNTY TITLE CO., INC. 21 22 23 Date: 01/6/15 24 25 26 27 28 30 STIPULATION OF DISMISSAL OF MODOC COUNTY TITLE CO., INC. 2 1 ORDER 2 IT IS ORDERED that Defendant MODOC COUNTY TITLE CO., INC. (hereinafter “MODOC 3 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, 6 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 8 9 caption of this case in all future filings. IT IS FURTHER ORDERED that other Defendants remain in the case, which is to remain 10 11 open. 12 13 14 Dated: January 9, 2015 15 16 17 Troy L. Nunley United States District Judge 18 19 20 21 22 23 24 25 26 27 28 30 STIPULATION OF DISMISSAL OF MODOC COUNTY TITLE CO., INC. 3

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