United States of America v. 400 Acres of Land, more or less, situate in Lincoln County, State of Nevada

Filing 353

ORDER granting ECF No. 352 Motion to add interested party Amy E. Sears. The United States shall serve notice to the new party pursuant to Rule 71.1(d)(3). Signed by Judge Miranda M. Du on 7/18/2018. (Copies have been distributed pursuant to the NEF - DRM)

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DAYLE ELIESON
Interim United States Attorney
District of Nevada
TROY K. FLAKE
Assistant United States Attorney
501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702-388-6787
Email: [e-mail]
GEORGIA GARTHWAITE
JOHANNA M. FRANZEN
ANTHONY C. GENTNER
MARK C. ELMER
Trial Attorneys, U.S. Department of Justice
Environment & Natural Resources Division
P.O. Box 7611, Ben Franklin Station
Washington, DC 20044-7611
Telephone: [phone]
Facsimile: 202-514-8865
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for the United States.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.
400 ACRES OF LAND, more or less,
situate in Lincoln County, State of
Nevada; and JESSIE J. COX, et al.,

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Defendants.

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Case No. 2:15-cv-01743-MMD-NJK

NOTICE OF ADDITIONAL INTERESTED
PARTY AND MOTION TO ADD PARTY
UNDER RULE 71.1(c)(3)
[AMY E. SEARS]

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Plaintiff, the United States of America, hereby moves this Court for an Order directing

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the Clerk of the Court to add as an interested party to this action, Amy E. Sears.
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Rule 71.1(c)(3) of the Federal Rules of Civil Procedure provides:

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Parties. When the action commences, the plaintiff need join as defendants only
those persons who have or claim an interest in the property and whose names are
then known. But before any hearing on compensation, the plaintiff must add as
defendants all those persons who have or claim an interest and whose names have
become known or can be found . . . .

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A condemnation is an action in rem, and parties who may have an interest in the property

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need to be named in the action and served. To that end, Rule 71.1(f) provides that “[w]ithout
leave of court, the plaintiff may – as often as it wants – amend the complaint at any time before

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the trial on just compensation.” In accordance with Rule 71.1(c)(3) and (f), the United States

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hereby requests that the Court enter an Order directing the Clerk to add Amy E. Sears. Upon

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filing of the Order, the United States will serve notice to Amy E. Sears pursuant to Rule

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71.1(d)(3).

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The following information regarding the nature of Ms. Sears’ interest in the property is

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provided in an effort to assist the parties and the Court in apportioning just compensation: Amy

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E. Sears’ interest encompasses an unknown share of the 1/12 interest in certain claims belonging

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to the heirs of Thomas (Tom) O. Sears. 1 Also sharing in this 1/12 interest are Patricia Fern Sears,

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as the surviving spouse of Thomas O. Sears, and any Other Heirs of Thomas O. Sears (a.k.a.

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The heirs of Thomas O. Sears owned a 1/12 interest in fee in patented claims White Lake &
Conception and White Lake No. 2 and Conception No. 2, and a 1/12 interest in unpatented
claims Maria, Willow, East Side No. 1, East Side No. 2, and June. Heirs of Mr. Sears’ brother,
Jerome F. Sears, Jr., owned a separate 1/12 interest in these same claims. See ECF No. 1-7 at 4-5
& 15-17. Thomas O. Sears acquired his interest in the property in 1966. See Book D-1 of Mining
Deeds, pp. 337, 344 & 345; Book 7 of Official Records, p. 377, Lincoln County, Nevada.
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Tom O. Sears) (both Patricia Fern Sears and Other Heirs of Thomas O. Sears are already named

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as interested parties). See ECF No. 1-7 (Interested Parties). Amy E. Sears informed undersigned

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counsel that she is the only child of Patricia Fern Sears and Thomas O. Sears, and that both

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Patricia F. Sears and Thomas O. Sears died intestate. At this time, Amy E. Sears is the only

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known claimant to the interests of Patricia Fern Sears and of the Other Heirs of Thomas O. Sears

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in this litigation. However, investigation of these interests is still ongoing, and the United States

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will file updates if other potential heirs can be identified or ruled out, as appropriate.

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In light of this information, and in accordance with Rule 71.1(c)(3) and (f), the United
States hereby requests that the Court enter an Order directing the Clerk to add Amy E. Sears as

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an interested party to this action, as follows:
Amy E. Sears
P.O. Box 71
Pioche, NV 89043
Upon filing of the Order, the United States will serve notice to Amy E. Sears pursuant to Rule
71.1(d)(3).

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Respectfully submitted this 18th day of July, 2018.

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UNITED STATES OF AMERICA

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STEVEN W. MYHRE
Acting United States Attorney
District of Nevada
TROY K. FLAKE
Assistant United States Attorney

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/s/ Anthony C. Gentner
GEORGIA GARTHWAITE
JOHANNA M. FRANZEN
ANTHONY GENTNER
MARK C. ELMER
Trial Attorneys
U.S. Department of Justice

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CERTIFICATE OF SERVICE
I hereby certify that on July 18, 2018, I served the foregoing NOTICE OF

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ADDITIONAL INTERESTED PARTY AND MOTION TO ADD PARTY UNDER RULE

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71.1(c)(3) on all parties who have appeared in this action using the Court’s case

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management/electronic case filing system. I hereby certify that on July 18, 2018, the United

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States sent a copy of the foregoing NOTICE OF ADDITIONAL INTERESTED PARTY AND
MOTION TO ADD PARTY UNDER RULE 71.1(c)(3) via U.S. mail to the following
defendants:

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Sandra Sears-Lavallee
1172 Skyline Road
Henderson, NV 89002

Debbie DeVito
c/o Stanley Pedder
3445 Golden Gate Way
Lafayette, CA 94549

John B. Sheahan
address unknown

Melanie Goodpasture
P.O. Box 7044
Cotati, CA 94931

Deborah Lynn Sheahan
4662 Gabriel Drive
Las Vegas, NV 89121

House Rabbit Society
c/o Anne Martin (Registered Agent)
148 Broadway
Richmond, CA 94804

Diane Sibley-Origlia
1615 Via Romero
Alamo, CA 94507

Animal Place
c/o Kim Sturla (Registered Agent)
17314 McCourtney Road
Grass Valley, CA 95949

Katherine Kell
c/o Stanley Pedder
3445 Golden Gate Way
Lafayette, CA 94549

Hui Chu Poole
165 Lakewood Road
Walnut Creek, CA 94598

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DATED: July 18, 2018
/s/ Anthony C. Gentner
ANTHONY C. GENTNER

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,
Case No. 2:15-cv-01743-MMD-NJK

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Plaintiff,

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PROPOSED ORDER

v.
400 ACRES OF LAND, more or less,
situate in Lincoln County, State of Nevada;
and JESSIE J. COX, et al.,

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Defendants.

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In accordance with Rules 71.1(c)(3) and (f), the below-listed party is hereby joined as
interested parties in this action. The United States shall serve notice to the new party pursuant to
Rule 71.1(d)(3).
See table below:

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Interested Party

Interest(s) in Property

Reference (if known)

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Amy E. Sears

As to patented claims White
Lake & Conception and White
Lake No. 2 & Conception No. 2:

Book D1 of Mining Deeds,
pages 337, 344, and 345;

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Book 7 of Official Records,
an unknown share in 1/12
page 377.
interest in fee as an heir of
Thomas O. Sears a.k.a Tom O.
Sears

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As to unpatented claims Maria,
Willow, East Side No. 1, East
Side No. 2, and June:
an unknown share in 1/12
interest as an heir of Thomas
O. Sears a.k.a. Tom O. Sears

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IT IS SO ORDERED:

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_________________________________________
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
DATED: July 18, 2018

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