STIPULATION OF DISMISSAL OF SUCCESS PROPERTIES, BASED UPON DISCLAIMER; ORDER THEREON

TROY L. NUNLEY, District Judge.

Defendant SUCCESS PROPERTIES and Plaintiff the United States of America, submit the following stipulation to the Court for its approval.

First, SUCCESS PROPERTIES disclaims interest or estate in the real property interests that are the subject matter of this federal condemnation action. This disclaimer does not extend to any other assets held by other parties to this action.

Second, in light of this disclaimer of interest in the subject matter of this action, the parties request that SUCCESS PROPERTIES be dismissed as Defendant in this action, and that any FURTHER service of documents upon SUCCESS PROPERTIES following service of this Order, is not necessary, and that SUCCESS PROPERTIES may be omitted from the caption of this case in all subsequent filings with the Court.

Finally, the other parties remain in the case and this dismissal does not close the case file.

ORDER

IT IS ORDERED that Defendant SUCCESS PROPERTIES is dismissed as Defendant in this action. The Clerk of the Court is directed to terminate said Defendant from the Official Docket of this case.

IT IS FURTHER ORDERED that, after this Order is served upon SUCCESS PROPERTIES, no further documents in this case need to be served upon said Defendant.

IT IS FURTHER ORDERED that SUCCESS PROPERTIES may be omitted from the caption of this case in all future filings.

IT IS FURTHER ORDERED that other Defendants remain in the case, which is to remain open.