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United States v. 400 Acres of Land

United States District Court, D. Nevada

July 18, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
400 ACRES OF LAND, more or less, situate in Lincoln County, State of Nevada; and JESSIE J. COX, et al., Defendants.

          DAYLE ELIESON Interim United States Attorney District of Nevada TROY K. FLAKE Assistant United States Attorney 501 Las Vegas Boulevard South, Suite 1100

          GEORGIA GARTHWAITE JOHANNA M. FRANZEN ANTHONY GENTNER MARK C. ELMER Trial Attorneys U.S. Department of Justice

          NOTICE OF ADDITIONAL INTERESTED PARTY AND MOTION TO ADD PARTY UNDER RULE 71.1(c)(3) [AMY E. SEARS]

          MIRANDA M. DU UNITED STATES DISTRICT JUDGE

         Plaintiff, the United States of America, hereby moves this Court for an Order directing the Clerk of the Court to add as an interested party to this action, Amy E. Sears.

         Rule 71.1(c)(3) of the Federal Rules of Civil Procedure provides:

Parties. When the action commences, the plaintiff need join as defendants only those persons who have or claim an interest in the property and whose names are then known. But before any hearing on compensation, the plaintiff must add as defendants all those persons who have or claim an interest and whose names have become known or can be found . . . .

         A condemnation is an action in rem, and parties who may have an interest in the property need to be named in the action and served. To that end, Rule 71.1(f) provides that “[w]ithout leave of court, the plaintiff may - as often as it wants - amend the complaint at any time before the trial on just compensation.” In accordance with Rule 71.1(c)(3) and (f), the United States hereby requests that the Court enter an Order directing the Clerk to add Amy E. Sears. Upon filing of the Order, the United States will serve notice to Amy E. Sears pursuant to Rule 71.1(d)(3).

         The following information regarding the nature of Ms. Sears' interest in the property is provided in an effort to assist the parties and the Court in apportioning just compensation: Amy E. Sears' interest encompasses an unknown share of the 1/12 interest in certain claims belonging to the heirs of Thomas (Tom) O. Sears.[1] Also sharing in this 1/12 interest are Patricia Fern Sears, as the surviving spouse of Thomas O. Sears, and any Other Heirs of Thomas O. Sears (a.k.a. Tom O. Sears) (both Patricia Fern Sears and Other Heirs of Thomas O. Sears are already named as interested parties). See ECF No. 1-7 (Interested Parties). Amy E. Sears informed undersigned counsel that she is the only child of Patricia Fern Sears and Thomas O. Sears, and that both Patricia F. Sears and Thomas O. Sears died intestate. At this time, Amy E. Sears is the only known claimant to the interests of Patricia Fern Sears and of the Other Heirs of Thomas O. Sears in this litigation. However, investigation of these interests is still ongoing, and the United States will file updates if other potential heirs can be identified or ruled out, as appropriate.

         In light of this information, and in accordance with Rule 71.1(c)(3) and (f), the United States hereby requests that the Court enter an Order directing the Clerk to add Amy E. Sears as an interested party to this action, as follows:

Amy E. Sears P.O. Box 71 Pioche, NV 89043

Upon filing of the Order, the United States will serve notice to Amy E. Sears pursuant to Rule 71.1(d)(3).

         PROPOSED ORDER

         In accordance with Rules 71.1(c)(3) and (f), the below-listed party is hereby joined as interested parties in this action. The United States shall serve ...


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