United States v. 14.368 Acres, more or less, Situated in Kern County, State of California ( 2024 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 UNITED STATES OF AMERICA, Case No. 1:24-cv-000185-CDB 9 Plaintiff, ORDER DISMISSING DEFENDANTS VIGNOLO FARMS, INC. AND KERN 10 v. COUNTY TREASURER-TAX COLLECTOR WITHOUT PREJUDICE 11 14.368 ACRES, more or less, Situated in Kern County, State of California, et al., 12 Defendants. 13 14 15 This is an action brought by Plaintiff the United States of America at the request of the 16 Federal Aviation Administration for the taking of land in Kern County, California, under its 17 power of eminent domain and through a Declaration of Taking, and for the determination and 18 award of just compensation to the owners and parties in interest. (Doc. 1 ¶ 1). Schedule G to 19 Plaintiff’s complaint in condemnation (Doc. 1-7) identifies known parties having or claiming an 20 interest in the subject property – Precious Earth, Inc., Vignolo Farms, Inc. (“Vignolo”), and the 21 Kern County Treasurer-Tax Collector (“Kern County”) – all named as Defendants in the Civil 22 Cover Sheet (Doc. 1-8). 23 On February 21, 2024, Plaintiff filed a “Disclaimer of Interest” executed by Defendant 24 Kern County in which Kern County disclaims any and all right, title, claim, or interest in the 25 subject property and requests to be dismissed. (Doc. 8). Similarly, on April 12, 2024, Plaintiff 26 filed a “Disclaimer of Interest” executed by Defendant Vignolo in which Vignolo disclaims any 27 and all right, title, claim, or interest in the subject property and requests to be dismissed. (Doc. 16). 1 Pursuant to Rule 71.1(1)(2), Fed. R. Civ. P., the Court may dismiss any defendant who 2 | “was unnecessarily or improperly joined” — such as a party who no longer has an interest in the 3 | property to be condemned. E.g., EOT Gathering, LLC v. A Tract of Property Situated in Knott, 4 | County, Ky., No. 12-58-ART, 2012 WL 3644968, at *4 (E.D. Ky. Aug. 24, 2012) (citing Fed. R. 5 | Civ. P. 71.1, 1951 Notes of Advisory Committee on Rules, Note to Subdivision (i)). 6 Accordingly, because they have disclaimed any interest in the subject property and do not 7 | oppose dismissal, it is HEREBY ORDERED pursuant to Fed. R. Civ. P. 71.1()(2) that 8 | Defendants Vignolo Farms, Inc. and Kern County Treasurer-Tax Collector are DISMISSED from 9 | this action without prejudice. 10 The Clerk of the Court is DIRECTED to terminate Vignolo Farms, Inc., and Kern County 11 | Treasurer-Tax Collector from this action and update the docket accordingly. 12 B IT IS SO ORDERED. 14] Dated: _May 10, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28