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

Filing 97

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/12/15 re: 96 DISMISSING Defendant Tulare County Treasurer and Tax Collector as Defendant in this action. The Clerk of the Court is DIRECTED to terminate said Defendant from the Off icial Docket of this case; IT IS FURTHER ORDERED that, after this Order is served upon Tulare County, no further documents in this case need to be served upon said Defendant. IT IS FURTHER ORDERED that said Tulare County may be omitted from the caption of this case in all future filings. IF IS FURTHER ORDERED that other Defendants remain in the case, which is to remain open. Tulare County Treasurer and Tax Collector terminated. (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: [phone]
Facsimile: [phone]
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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
TULARE COUNTY TREASURER AND TAX
COLLECTOR

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STIPULATION AND ORDER OF
DISMISSAL OF TULARE COUNTY
TREASURER AND TAX COLLECTOR,
BASED UPON DISCLAIMER; ORDER
THEREON

Defendant TULARE COUNTY TREASURER AND TAX COLLECTOR (hereinafter

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2 “TULARE COUNTY”), and plaintiff the United States of America, submit the following stipulation to
3 the Court for its approval.
First, TULARE COUNTY disclaims interest or estate in the real property interests that are the

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5 subject matter of this federal condemnation action. This disclaimer does not extend to any other assets
6 held by other parties to this action.
Second, in light of this disclaimer of interest in the subject matter of this action, the parties

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8 request that TULARE COUNTY be dismissed as Defendant in this action, and that any FURTHER
9 service of documents upon TULARE COUNTY following service of this Order, is not necessary, and
10 that TULARE COUNTY may be omitted from the caption of this case in all subsequent filings with the
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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: 2/12/2015
By:

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

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KATHLEEN BALES-LANGE
Tulare County Counsel

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Date: 2/11/2015
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By:

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/s/ Kathleen A. Taylor
KATHLEEN A. TAYLOR
Deputy County Counsel
Attorneys for Defendant Tulare County Treasurer and Tax
Collector

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STIPULATION AND ORDER OF DISMISSAL OF
TULARE COUNTY TREASURER AND TAX
COLLECTOR

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ORDER

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IT IS ORDERED that Defendant TULARE COUNTY TREASURER AND TAX COLLECTOR

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3 (hereinafter “TULARE COUNTY”) is dismissed as Defendant in this action. The Clerk of the Court is
4 directed to terminate said Defendant from the Official Docket of this case.
IT IS FURTHER ORDERED that, after this Order is served upon TULARE COUNTY, no

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6 further documents in this case need to be served upon said Defendant.
IT IS FURTHER ORDERED that said TULARE COUNTY may be omitted from the caption of

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8 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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10 open.
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13 Dated: February 12, 2015
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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER OF DISMISSAL OF
TULARE COUNTY TREASURER AND TAX
COLLECTOR

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