United States of America v. 30.60 Acres of Land, More or Less, in the County of Sutter et al

Filing 10

ORDER re: 9 Application for Publication filed by United States of America, signed by Magistrate Judge Gregory G. Hollows on 4/14/10.(Kastilahn, A)

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1 2 3 4 5 6 BENJAMIN B. WAGNER United States Attorney KELLI L. TAYLOR Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2741 Facsimile: (916) 554-2900 Attorneys for United States of America 7 8 9 IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 publication by a notice addressed to "Unknown Owners." 2. Local Rule 171 (Fed. R. Civ. P. 83), Eastern District of California, provides that the The United States of America, Plaintiff herein, applies for an order of publication as follows: 1. Rule 71.1(d)(3)(B) of the Federal Rules of Civil Procedure provides that upon the filing Defendants. / vs. 30.60 ACRES OF LAND, MORE OR LESS, IN THE COUNTY OF SUTTER; PACIFIC GAS AND ELECTRIC COMPANY; STEVE HARRAH, SUTTER COUNTY TREASURER; and UNKNOWN OWNERS, Plaintiff, A P P L IC A T IO N AND ORDER FOR P U B L IC A T IO N UNITED STATES OF AMERICA, No. 2:10-CV-00789 GEB GGH IN THE UNITED STATES DISTRICT COURT of a Certificate for Service by Publication (see Attachment), unknown owners may be served by Court shall designate by order the appropriate newspaper for publication upon the filing by counsel of a Application and Proposed Order for Publication 1 1 2 3 motion proposing the place and manner of such publication setting forth such information as the language to be published, the frequency of publication, the reasons underlying selection of the proposed vehicle of publication, and related matters; 4 5 6 7 8 9 publication and mailing shall be made by certificate of the plaintiff's attorney, to which shall be attached 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 within 20 days after service of the notice, and that failure to do so (3) (4) (5) (6) (7) A description of the property sufficient for its identification; The interest to be taken; The authority for the taking; The uses for which the property is to be taken; That the defendant may serve upon the plaintiff's attorney an answer following: (1) (2) The Court, title and number of the action; That the action is to condemn the property; of the County of Sutter, State of California; d. The publication is to be addressed to "Unknown Owners" and is to include the a printed copy of the published notice with the names and dates of the newspaper marked thereon. c. Publication shall be made in THE APPEAL-DEMOCRAT, a newspaper of 3. Plaintiff proposes that publication be made as follows: a. Publication shall be made once a week for not less than three successive weeks pursuant to Fed. R. Civ. P. 71.1(d)(3)(B); b. Service by publication is complete upon the date of the last publication. Proof of general circulation, printed and published in the City of Marysville, County of Yuba, which newspaper has been adjudged a newspaper of general circulation within the County of Sutter, by the Superior Court Application and Proposed Order for Publication 2 1 2 3 (8) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10cv789.ord IT IS SO ORDERED. Dated: April 14, 2010 Dated: April 9, 2010 constitutes a consent to the taking and to the authority of the court to proceed to hear the action and to fix the compensation; The name and address of the attorney for the Plaintiff where the attorney may be served, and the telephone number of the attorney; BENJAMIN B. WAGNER United States Attorney /s/ Kelli L. Taylor KELLI L. TAYLOR Assistant United States Attorney ORDER /s/ Gregory G. Hollows GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE Application and Proposed Order for Publication 3

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