United States of America v. Rivercliff Farm, Inc. et al

Filing 24

Order Extending Temporary Restraining Order Restricting use of and Access to River Cliff Property. Signed on 8/8/2016 by Judge Michael H. Simon. (mja)

CAROLINE D. CIRAOLO
Principal Deputy Assistant Attorney General
LINDSAY L. CLAYTON
JENNIFER Y. GOLDEN
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044
202-307-2956 (v - Clayton)
202-307-6547 (v - Golden)
202-307-0054 (f)
[e-mail]
[e-mail]
Of Counsel:
BILLY J. WILLIAMS
United States Attorney

Attorneys for the United States ofAmerica

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION

UNITED STATES OF AMERICA,
Case No.: 3:16-cv-1248-SI
Plaintiff,

ORDER EXTENDING
TEMPORARY RESTRAINING
ORDER RESTRICTING USE OF AND
ACCESS TO
RIVER CLIFF PROPERTY
(Second Extension)

v.

RIVERCLIFF FARM, INC.,
RONALD B. TALMAGE,
ANNETTE C. TALMAGE,
NEW CENTURY PROPERTIES LTD., and
MULTNOMAH COUNTY,
Defendants.

Having read and considered the United States' motion, and for good cause shown, the
Court hereby GRANTS the United States motion to extend the temporary restraining order

Order Extending TR0-2d Case No.
3:16-cv-1248-SI

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previously granted in this case [Dkt. # 11]. Good cause exists for the requested extension,
because it will allow the parties sufficient time to resolve issues concerning Mr. Wadsworth's
participation in this litigation. Extension of the temporary restraining order will protect the real
property at issue until the parties can come to an agreement concerning management and sale of
the property, likely through a Court-appointed receiver. Further, Mr. Wadsworth, through
counsel, has consented to the requested extension.
It is hereby ORDERED that any and all principals and/or agents of RiverCliffFarm, Inc.

("RFI") are prohibited from committing waste on or removing any property from, or allowing
any other person to commit waste on or remove any property from, the real property located in
Multnomah County with a street address of 35701 N.E. Chamberlain Road, Corbett, Oregon,
97019, bearing Multnomah County Property ID Number R322308 and described more
particularly as follows:
A tract of land in Section 27, Township 1 North, Range 4 East of the Willamette
Meridian in the County of Multnomah and State of Oregon, described as follows:
Beginning at a point in the centerline of Chamberlain Road (County Road No. 1427),
which point is 817 feet West of (when measured at right angles to) the East line of
Section 27; thence North 1°07'2 l" East parallel to the East line of said section, a distance
of 1053.81 feet to the Southeast corner of that tract described in deed to Mary Pletz, et al,
recorded May 26, 1960 in Book 2011, Page 111, Deed Records; thence South 89°22'20"
West along the South line of said Pletz tract, 1657.16 feet to the most Westerly corner of
said tract; thence South 73°28'17" West, 52.00 feet; thence South 1351.95 feet to a point
in the centerline of Chamberlain Road; thence along said centerline on the arc of a 1432.5
foot radius curve to the right (the chord of which bears North 86°36'23" East, 138.19
feet), a distance of 138.24 feet; thence North 89°22' East, 193.28 feet; thence on the arc
of a 716.3 foot radius curve to the left (the chord of which bears North 81°22' East,
199.38 feet), a distance of 200.00 feet; thence North 73°22' East, 54.41 feet; thence on
the arc of a 955.0 foot radius curve to the right (the chord of which bears North 77°54'
East, 150.96 feet), a distance of 151.11 feet; thence North 82°27' East, 274.89 feet;
thence on the arc of a 1432.5 foot radius curve to the left (the chord of which bears North
76°37' East, 290.36 feet), a distance of 290.83 feet; thence North 70°48' East, 427.00
feet to the point of beginning.

[Proposed] Order Extending TRO - 2d
Case No. 3:16-cv-1248-SI

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IT IS FURTHER ORDERED that John Wadsworth, Kory Talmage, and Richard
Stancyzk shall be barred from accessing the real property referenced in this Order pending
further order of the Court.
NOTHING IN THIS ORDER, HOWEVER, restrains Mr. Paul Peek, from continuing to
perform regular maintenance in the ordinary course on the real property referenced in this Order.
This Order is entered pursuant to Rule 65(b) of the Federal Rules of Civil Procedure. It
shall expire on September 5, 2016, at J:oo p.m. , if not extended by further Order of the Court.
Pursuant to Rule 65( c), the United States is not required to give security.
IT IS SO ORDERED.

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DATED this _ day of August, 2016, at 3-'_ f'f ·
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~.Simon

United States District Judge

[Proposed] Order Extending TRO - 2d
Case No. 3:16-cv-1248-SI

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