United States of America v. 331.46 Acres of Land, more or less, Situated in Madera County, State of California et al

Filing 16

ORDER GRANTING #4 Plaintiff's Motion for Leave to Deposit Funds, signed by Magistrate Judge Barbara A. McAuliffe on 5/20/2023. The Clerk of the Court shall accept the deposit of Five Million Five Hundred Ten Thousand Dollars and 0/100 Cents ($5,510,000.00) tendered by the United States, including by check or intra-governmental payment and collection, and shall deposit these funds into an interest-bearing account under the terms and conditions of Federal Rule of Civil Procedure 67, Local Civil Rule 150, and General Order No. 573. (Rivera, O)

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1 2 3 4 5 6 7 8 9 TODD KIM Assistant Attorney General SCOTT W. STEMETZKI JOSEPH A. FIGUEROA Trial Attorneys Environment and Natural Resources Division P.O. Box 7611 Ben Franklin Station Washington, DC 20044-7415 Tel: (202) 305-0298 Fax: (202) 353-7763 Scott.Stemetzki@usdoj.gov Joseph.Figueroa@usdoj.gov 13 PHILLIP A. TALBERT United States Attorney BRENDON L.S. HANSEN Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2780 Facsimile: (916) 554-2900 14 Attorneys for Plaintiff United States of America 10 11 12 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Fresno Division 16 17 18 UNITED STATES OF AMERICA, Case No. 1:23-cv-00735-ADA-BAM 19 Plaintiff, [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO DEPOSIT FUNDS 20 v. 21 22 23 24 331.46 ACRES OF LAND, MORE OR LESS, SITUATED IN MADERA COUNTY, STATE OF CALIFORNIA; AND JOSEPH DEPAOLI, SUCCESSOR TRUSTEE OF THE JAMES W. LOPES LIVING TRUST DATED APRIL 24, 2019, ET AL., (Doc. 4) 25 Defendants. 26 27 28 1 1 Upon the Motion of Plaintiff United States of America for an Order to Permit Deposit of 2 Estimate of Just Compensation into the Court’s Registry (“Motion”), and for good cause appearing: 3 IT IS HEREBY ORDERED that the Motion is GRANTED. The Clerk of the Court shall 4 accept the deposit of Five Million Five Hundred Ten Thousand Dollars and 0/100 Cents 5 6 ($5,510,000.00) tendered by the United States, including by check or intra-governmental payment 7 and collection, and shall deposit these funds into an interest-bearing account under the terms and 8 conditions of Federal Rule of Civil Procedure 67, Local Civil Rule 150, and General Order No. 9 573. 10 11 IT IS SO ORDERED. 12 13 Dated: /s/ Barbara May 20, 2023 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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