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

Filing 84

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/30/15. Success Properties terminated. (Manzer, C) Modified on 2/2/2015 (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 TLN SKO Plaintiff, 12 STIPULATION OF DISMISSAL OF SUCCESS PROPERTIES, 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 AND ORDER OF DISMISSAL OF SUCCESS PROPERTIES 1 Defendant SUCCESS PROPERTIES and Plaintiff the United States of America, submit the 1 2 following stipulation to the Court for its approval. First, SUCCESS PROPERTIES disclaims interest or estate in the real property interests that are 3 4 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. Second, in light of this disclaimer of interest in the subject matter of this action, the parties 6 7 request that SUCCESS PROPERTIES be dismissed as Defendant in this action, and that any FURTHER 8 service of documents upon SUCCESS PROPERTIES following service of this Order, is not necessary, 9 and that SUCCESS PROPERTIES may be omitted from the caption of this case in all subsequent filings 10 with the Court. Finally, the other parties remain in the case and this dismissal does not close the case file. 11 12 BENJAMIN B. WAGNER United States Attorney 13 14 15 Date: 1/28/2015 By: 16 17 /s/ LYNN TRINKA ERNCE Assistant United States Attorney Attorneys for Plaintiff, United States of America 18 19 Date: 20 1/22/2015 By: /s/ SUCCESS PROPERTIES 21 22 23 24 25 26 27 28 30 STIPULATION AND ORDER OF DISMISSAL OF SUCCESS PROPERTIES 2 ORDER 1 IT IS ORDERED that Defendant SUCCESS PROPERTIES is dismissed as Defendant in this 2 3 action. The Clerk of the Court is directed to terminate said Defendant from the Official Docket of this 4 case. IT IS FURTHER ORDERED that, after this Order is served upon SUCCESS PROPERTIES, no 5 6 further documents in this case need to be served upon said Defendant. IT IS FURTHER ORDERED that SUCCESS PROPERTIES may be omitted from the caption of 7 8 this case in all future filings. IT IS FURTHER ORDERED that other Defendants remain in the case, which is to remain 9 10 open. 11 12 13 Dated: January 30, 2015 14 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 SUCCESS PROPERTIES 3

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