Free Order on Motion for Order - District Court of California - California

Case 3:08-cv-01262-IEG-AJB

Document 8

Filed 09/04/2008

Page 1 of 1

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 SOUTHERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 14 15 Presently before the court is the United States' (hereinafter plaintiff) ex parte application for 16 an order for the surrender of the estate described in Schedule E of the Complaint filed herein, to wit, 17 a perpetual and assignable easement and right-of-way in, over and across the land described in 18 Schedule "C", for the location, construction, operation, maintenance, alteration and replacement of 19 a road and appurtenances thereto. It appearing that plaintiff is entitled to possession of said estate 20 in, over and across said property, 21 IT IS HEREBY ORDERED that all defendants to this action and all persons in possession 22 or control of the property described in the Complaint filed herein shall surrender the estate described 23 in Schedule E of said Complaint in, over and across the property described in Schedule C of said 24 Complaint to plaintiff immediately. Plaintiff shall serve a notice of this order upon all persons in 25 possession or control of the said property forthwith. 26 DATED: September 4, 2008 27 28 IRMA E. GONZALEZ, Chief Judge United States District Court ) ) Plaintiff, ) ) v. ) ) 1.55 ACRES OF LAND, MORE OR LESS, ) ) SITUATE IN SAN DIEGO COUNTY, STATE ) OF CALIFORNIA; KUNWAR S. ) KUMAR,NAOMI ASCHNER, ET AL. ) ) Defendants. _________________________________________ ) THE UNITED STATES OF AMERICA, Case No.: 08cv1262-IEG (NLS) ORDER FOR DELIVERY OF POSSESSION