Opinion
CASE NO. 1:11-cv-01492 AWI MJS
09-09-2011
UNITED STATES OF AMERICA, Plaintiff, v. 1.73 ACRES OF LAND, MORE OR LESS, SITUATE IN TULARE COUNTY, STATE OF CALIFORNIA; RICK R. ALBA AND PATRICIA J. ALBA, HUSBAND AND WIFE AS JOINT TENANTS; ROSEDALE WATER COMPANY, A CALIFORNIA CORPORATION; SUCCESS DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION; SUCCESS MUTUAL WATER COMPANY, A CALIFORNIA CORPORATION; RANDALL CARROLL; CARL ADAIR BROWN aka C. ADAIR BROWN; PROVIDENT MORTGAGE CORPORATION; TULARE COUNTY TREASURER AND TAX COLLECTOR; and UNKNOWN OWNERS, Defendants.
BENJAMIN B. WAGNER United States Attorney LYNN TRINKA ERNCE Assistant United States Attorney Attorneys for Plaintiff, the United States of America
BENJAMIN B. WAGNER
United States Attorney
LYNN TRINKA ERNCE
Assistant U.S. Attorney
STIPULATION OF DISMISSAL OF
DEFENDANT PROVIDENT
MORTGAGE CORPORATION,
BASED UPON DISCLAIMER;
ORDER THEREON
Defendant PROVIDENT MORTGAGE CORPORATION (hereinafter "PROVIDENT") and Plaintiff the United States of America, submit the following stipulation to the Court for its approval.
First, PROVIDENT disclaims interest or estate in the real property interests that are the subject matter of this federal condemnation action. This disclaimer does not extend to any other assets held by other parties to this action.
Second, in light of this disclaimer of interest in the subject matter of this action, the parties request that PROVIDENT be dismissed as Defendant in this action, and that any further service of documents upon PROVIDENT following service of this Order, is not necessary, and that PROVIDENT may be omitted from the caption of this case in all subsequent filings with the Court.
Finally, the other parties remain in the case and this dismissal does not close the case file.
BENJAMIN B. WAGNER
United States Attorney
LYNN TRINKA ERNCE
Assistant United States Attorney
Attorneys for Plaintiff, the United States of America
PROVIDENT MORTAGAGE CORPORATION
ORDER
IT IS ORDERED that Defendant PROVIDENT MORTGAGE CORPORATION (hereinafter "PROVIDENT") is dismissed as Defendant in this action. The Clerk of the Court is directed to terminate said Defendant from the Official Docket of this case.
IT IS FURTHER ORDERED that, after this Order is served upon PROVIDENT, no further documents in this case need to be served upon said Defendant.
IT IS FURTHER ORDERED that said PROVIDENT may be omitted from the caption of this case in all future filings. IT IS FURTHER ORDERED that other Defendants remain in the case, which is to remain open.
IT IS SO ORDERED.
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CHIEF UNITED STATES DISTRICT JUDGE