City of Yreka et al v. Salazar et al, No. 2:2010cv01734 - Document 11 (E.D. Cal. 2010)

Court Description: STIPULATED CONSENT DECREE AND ORDER signed by Judge William B. Shubb on 10/8/2010 ORDERING 10 the Recorder's Office is prohibited and enjoined from accepting or filing any documentation changing title to the Property such that it is held in tr ust by any person or entity until this matter is resolved or this Court orders otherwise. The Court shall retain jurisdiction for the enforcement of this Agreement until the above entitled matter is resolved or until the Court otherwise orders. The R ecorder's Office shall have no obligation to appear in proceedings nor be subject to discovery unless ordered by the Court. The Parties hereto enter into this Stipulated Consent Decree and respectfully submit it to the Court for its approval and entry as an Order and Final Judgment. (Reader, L)
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City of Yreka et al v. Salazar et al 1 2 3 4 5 6 7 Doc. 11 MICHAEL V. BRADY (SBN 146370) MICHAEL E. VINDING (SBN 178359) SCHARFF, BRADY & VINDING 400 Capitol Mall, Suite 2640 Sacramento, CA 95814 Telephone: (916) 446-3400 Facsimile: (916) 446-7159 mbrady@scharff.us mvinding@scharff.us Attorneys for Plaintiffs CITY OF YREKA, CITY COUNCIL OF THE CITY OF YREKA 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CITY OF YREKA, CITY COUNCIL OF THE CITY OF YREKA, CASE NO. 2:10-CV-01734-WBS-EFB 12 Plaintiffs, STIPULATED CONSENT DECREE AND [PROPOSED] ORDER 13 v. 14 15 16 17 18 KEN SALAZAR in his official capacity as Secretary of the Interior; LARRY ECHOHAWK in his official capacity as Assistant Secretary for Indian Affairs of the United States Department of Interior and BUREAU OF INDIAN AFFAIRS; MICHAEL MALLORY, in his official capacity as Siskiyou County AssessorRecorder; Does 1 through 100, 19 Defendants. 20 21 Plaintiffs CITY OF YREKA and CITY COUNCIL OF THE CITY OF YREKA (“City”) 22 and defendant MICHAEL MALLORY, in his official capacity as Siskiyou County Assessor- 23 Recorder (“Recorder’s Office”), stipulate and agree as follows: 24 25 26 27 28 WHEREAS, the City is located in the County of Siskiyou, California and acts through the City Council; WHEREAS, the City Attorney has been vested with the authority to sign this Stipulated Consent Decree by and on behalf of the City and bind the City hereto; WHEREAS, the Recorder’s Office is responsible for and has jurisdiction over the land -1STIPULATED CONSENT DECREE AND [PROPOSED] ORDER Dockets.Justia.com 1 records in the County of Siskiyou. In that capacity and pursuant to California law, the 2 Recorder’s Office maintains a complete public record of matters which may affect title to real 3 property located within that County including any written document, which affects title to or 4 possession of real property which can be recorded in the Recorder’s Office if the document is in 5 proper form; 6 WHEREAS, the County Counsel of Siskiyou County has been vested with the authority 7 to sign this Stipulated Consent Decree by and on behalf of the Recorder’s Office and bind the 8 Recorder’s Office hereto; 9 WHEREAS, the property that is the subject of this dispute is located in this district and 10 is commonly described as Yreka Medical Clinic 1519 South Oregon Street, Yreka, California 11 96097 (Assessor’s Parcel No.: 061-341-070; “Property”); 12 13 WHEREAS, the Recorder’s Office only interest in the above entitled litigation relates to its obligation to accept for filing any documentation that is in proper form; 14 WHEREAS, the Recorder’s Office seeks to ensure that all actions it undertakes, 15 including the filing of documentation, are in compliance with all state and federal laws; 16 WHEREAS, the City and the Recorder’s Office seek to avoid the costs of litigation; 17 WHEREAS the City and the Recorder’s Office agree that it is in their mutual interest to 18 19 resolve this matter without further litigation; WHEREAS, the City and the Recorder’s Office understand and intend that this 20 Stipulated Consent Decree does no more than maintain the status quo until this Court directs 21 otherwise; 22 AND WHEREAS, at the time the Stipulated Consent Agreement is submitted for 23 approval to the United States District Court, the City and the Recorder’s Office stipulate and 24 request that the Court retain jurisdiction for the enforcement of this Agreement until the above 25 entitled matter is resolved or until the Court directs otherwise. 26 27 28 NOW, THEREFORE, IT IS HEREBY STIPULATED AND ORDERED AND DECREED BY THE COURT, AS FOLLOWS: 1. The Recorder’s Office is prohibited and enjoined from accepting or filing any -2STIPULATED CONSENT DECREE AND [PROPOSED] ORDER 1 documentation changing title to the Property such that it is held in trust by any person or entity 2 until this matter is resolved or this Court orders otherwise. 3 4 5 6 7 8 2. The Court shall retain jurisdiction for the enforcement of this Agreement until the above entitled matter is resolved or until the Court otherwise orders. 3. The Recorder’s Office shall have no obligation to appear in proceedings nor be subject to discovery unless ordered by the Court. The Parties hereto enter into this Stipulated Consent Decree and respectfully submit it to the Court for its approval and entry as an Order and Final Judgment. 9 10 Dated: September 22, 2010 City of Yreka 11 12 13 /s/Mary Frances McHugh Mary Frances McHugh, Esq. City Attorney, City of Yreka for CITY OF 14 YREKA and CITY COUNCIL OF THE CITY OF YREKA 15 By: Dated: September 23, 2010 County of Siskiyou Recorder’s Office 16 17 By: 18 19 /s/Thomas Guarino Thomas Guarino, Esq. County Counsel, County of Siskiyou for MICHAEL MALLORY, in his official capacity as Siskiyou County Assessor-Recorder 20 21 22 23 IT IS SO ORDERED. Dated: October 8, 2010 24 25 26 27 28 -3STIPULATED CONSENT DECREE AND [PROPOSED] ORDER