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

Filing 83

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/30/15. Keith D Olson terminated. (Manzer, C)

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]
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-TLN-SKO

Plaintiff,

12
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 AND ORDER OF DISMISSAL OF
KEITH D. OLSON, ACTING THROUGH SUCCESS
PROPERTIES

1

STIPULATION OF DISMISSAL OF KEITH
D. OLSON, ACTING THROUGH SUCCESS
PROPERTIES, BASED UPON DISCLAIMER;
ORDER THEREON

Defendant KEITH D. OLSON, ACTING THROUGH SUCCESS PROPERTIES and Plaintiff

1

2 the United States of America, submit the following stipulation to the Court for its approval.
First, KEITH D. OLSON, ACTING THROUGH SUCCESS PROPERTIES disclaims interest or

3

4 estate in the real property interests that are the subject matter of this federal condemnation action. This
5 disclaimer does not extend to any other assets held by other parties to this action.
Second, in light of this disclaimer of interest in the subject matter of this action, the parties

6

7 request that KEITH D. OLSON, ACTING THROUGH SUCCESS PROPERTIES be dismissed as
8 Defendant in this action, and that any FURTHER service of documents upon KEITH D. OLSON,
9 ACTING THROUGH SUCCESS PROPERTIES following service of this Order, is not necessary, and
10 that KEITH D. OLSON, ACTING THROUGH SUCCESS PROPERTIES may be omitted from the
11 caption of this case in all subsequent filings with the Court.
Finally, the other parties remain in the case and this dismissal does not close the case file.

12
13

BENJAMIN B. WAGNER
United States Attorney

14
15
16
Date:

1/28/2015
By:

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

By:

17

/s/
KEITH D. OLSON, ACTING THROUGH SUCCESS
PROPERTIES

18
19
20
Date:
21

1/2/2015

22
23
24
25
26
27
28

30

STIPULATION AND ORDER OF DISMISSAL OF
KEITH D. OLSON, ACTING THROUGH SUCCESS
PROPERTIES

2

ORDER

1

IT IS ORDERED that Defendant KEITH D. OLSON, ACTING THROUGH SUCCESS

2

3 PROPERTIES is dismissed as Defendant in this action. The Clerk of the Court is directed to terminate
4 said Defendant from the Official Docket of this case.
IT IS FURTHER ORDERED that, after this Order is served upon KEITH D. OLSON, ACTING

5

6 THROUGH SUCCESS PROPERTIES, no further documents in this case need to be served upon said
7 Defendant.
IT IS FURTHER ORDERED that said KEITH D. OLSON, ACTING THROUGH SUCCESS

8

9 PROPERTIES may be omitted from the 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 30, 2015
15
16
Troy L. Nunley
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28

30

STIPULATION AND ORDER OF DISMISSAL OF
KEITH D. OLSON, ACTING THROUGH SUCCESS
PROPERTIES

3