United States of America v. 14.368 Acres, more or less, Situated in Kern County, State of California et al
Filing
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ORDER Dismissing Defendants Vignolo Farms, Inc. and Kern County Treasurer-Tax Collector without Prejudice signed by District Judge Jennifer L. Thurston on 05/10/2024. Kern County Treasurer-Tax Collector and Vignolo Farms, Inc. terminated.(Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
Case No. 1:24-cv-000185-CDB
ORDER DISMISSING DEFENDANTS
VIGNOLO FARMS, INC. AND KERN
COUNTY TREASURER-TAX COLLECTOR
WITHOUT PREJUDICE
14.368 ACRES, more or less, Situated in
Kern County, State of California, et al.,
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Defendants.
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This is an action brought by Plaintiff the United States of America at the request of the
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Federal Aviation Administration for the taking of land in Kern County, California, under its
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power of eminent domain and through a Declaration of Taking, and for the determination and
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award of just compensation to the owners and parties in interest. (Doc. 1 ¶ 1). Schedule G to
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Plaintiff’s complaint in condemnation (Doc. 1-7) identifies known parties having or claiming an
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interest in the subject property – Precious Earth, Inc., Vignolo Farms, Inc. (“Vignolo”), and the
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Kern County Treasurer-Tax Collector (“Kern County”) – all named as Defendants in the Civil
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Cover Sheet (Doc. 1-8).
On February 21, 2024, Plaintiff filed a “Disclaimer of Interest” executed by Defendant
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Kern County in which Kern County disclaims any and all right, title, claim, or interest in the
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subject property and requests to be dismissed. (Doc. 8). Similarly, on April 12, 2024, Plaintiff
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filed a “Disclaimer of Interest” executed by Defendant Vignolo in which Vignolo disclaims any
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and all right, title, claim, or interest in the subject property and requests to be dismissed. (Doc.
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16).
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Pursuant to Rule 71.1(i)(2), Fed. R. Civ. P., the Court may dismiss any defendant who
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“was unnecessarily or improperly joined” – such as a party who no longer has an interest in the
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property to be condemned. E.g., EQT Gathering, LLC v. A Tract of Property Situated in Knott,
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County, Ky., No. 12-58-ART, 2012 WL 3644968, at *4 (E.D. Ky. Aug. 24, 2012) (citing Fed. R.
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Civ. P. 71.1, 1951 Notes of Advisory Committee on Rules, Note to Subdivision (i)).
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Accordingly, because they have disclaimed any interest in the subject property and do not
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oppose dismissal, it is HEREBY ORDERED pursuant to Fed. R. Civ. P. 71.1(i)(2) that
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Defendants Vignolo Farms, Inc. and Kern County Treasurer-Tax Collector are DISMISSED from
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this action without prejudice.
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The Clerk of the Court is DIRECTED to terminate Vignolo Farms, Inc., and Kern County
Treasurer-Tax Collector from this action and update the docket accordingly.
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IT IS SO ORDERED.
Dated:
May 10, 2024
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