United States v. Nolen

1 KRISTEN CLARKE Assistant Attorney General for Civil Rights CARRIE PAGNUCCO Chief MEGAN K. WHYTE DE VASQUEZ Deputy Chief ARIELLE R. L. REID ALAN A. MARTINSON KATHERINE A. RAIMONDO Trial Attorneys Housing and Civil Enforcement Section United States Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 Tel: (202) 598-1575 PHILLIP A. TALBERT United States Attorney EMILIA P. E. MORRIS Assistant United States Attorney Eastern District of California 2500 Tulare Street, Suite 4401 Fresno, CA 93721 Tel: (559) 497-4000 Attorneys for Plaintiff United States of America Douglas B. Jacobs SBN 084153 Andrea M. Wieder SBN 339490 JACOBS, ANDERSON, POTTER, HARVEY & CECIL, LLP Independence Circle Chico, CA 95973 Phone: 530-342-6144 Fax: 530-342-6310 [email protected] [email protected] Attorney for Defendants, NANCY CANALE and NANCY CANALE AS TRUSTEE OF THE BERNARD CANALE AND NANCY CANALE 1998 REVOCABLE TRUST 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA ) Case No: 2:23-cv-00320-JAM-CKD UNITED STATES OF AMERICA, ) ) STIPULATION AND ORDER OF 5 Plaintiff, ) DISMISSAL OF NANCY CANALE, AS ) TRUSTEE OF THE BERNARD CANALE 6 vs. ) AND NANCY CANALE 1998 ) REVOCABLE TRUST, AND BERNARD 7 ) CANALE, BY AND THROUGH HIS JOEL LYNN NOLEN; SHIRLEE NOLEN; ) SUCCESSOR IN INTEREST NANCY NOLEN PROPERTIES, LLC; NANCY ) CANALE CANALE, as trustee of the Bernard Canale ) and Nancy Canale 1998 Revocable Trust; and ) BERNARD CANALE, by and through his ) successor in interest NANCY CANALE. ) ) 11 Defendants. ) ) 13 Pursuant to the Court’s Order of September 27, 2024 (ECF No. 77), Plaintiff United States of America (the “United States”) and Defendants Nancy Canale, as trustee of the Bernard Canale and Nancy Canale 1998 Revocable Trust, and Defendant Bernard Canale, by and through his successor in interest Nancy Canale (the “Canale Defendants”), submit this Stipulation of Dismissal pursuant to Federal Rule of Civil Procedure 41(a)1: 18 1. On September 19, 2024, the United States and the Canale Defendants submitted a proposed Consent Order resolving the United States’ claims against the Canale Defendants, for entry by this Court. ECF No. 68.

21 2. On September 27, 2024, the Court entered the Consent Order. ECF No. 78.

22 3. As provided in Paragraph 26 of the Consent Order, the Court shall retain jurisdiction for a period of five (5) years after entry of the Consent Order, for the purpose of enforcing or interpreting the provisions of the Consent Order.

26 1 Although Rule 41 speaks in terms of dismissal of actions, the Rule may be used to dismiss all claims against individual defendants without dismissing the entire action. See Pedrina v. Chun, 987 F.2d 608, 609-10 (9th Cir. 1993).

1 4. Therefore, the United States and the Canale Defendants submit that all claims against the Canale Defendants should be dismissed without prejudice to the United States’ right to seek the Court’s intervention to resolve any disputes as to the Consent Order.

4 5. This Stipulation of Dismissal is not intended in any way to affect the pendency of claims in this Civil Action against defendants other than the Canale Defendants.

7 Dated this 3rd day of October, 2024.

8 Respectfully submitted, For the United States: PHILLIP A. TALBERT KRISTEN CLARKE United States Attorney Assistant Attorney General Eastern District of California Civil Rights Division /s/ Emilia P.E. Morris /s/ Arielle R.L. Reid EMILIA P. E. MORRIS CARRIE PAGNUCCO Assistant United States Attorney Chief MEGAN K. WHYTE DE VASQUEZ Deputy Chief 16 ARIELLE R. L. REID ALAN A. MARTINSON 17 KATHERINE A. RAIMONDO Trial Attorneys For NANCY CANALE, as trustee of the Bernard Canale and Nancy Canale 1998 Revocable Trust; and BERNARD CANALE, by and through his successor in interest NANCY CANALE: JACOBS, ANDERSON, POTTER, 21 HARVEY & CECIL, LLP /s/ Andrea M. Wieder 23 Andrea M. Wieder 1 ORDER 2 The stipulation is APPROVED.

3 Defendants Nancy Canale, as trustee of the Bernard Canale and Nancy Canale 1998 Revocable Trust, and Defendant Bernard Canale, by and through his successor in interest Nancy Canale (the “Canale Defendants), are DISMISSED from the case without prejudice to the United States’ right to seek the Court’s intervention to resolve any disputes as to the Consent Order between the United States and the Canale Defendants (ECF No. 78).

8 Upon the expiration of the Consent Order, the Canale Defendants shall be DISMISSED with prejudice.

10 SO ORDERED.

12 Dated: October 03, 2024 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ SENIOR UNITED STATES DISTRICT JUDGE