PLP's last court hearing info
From PLP's Jerry Hobbs
This morning was the first appearance before the new Judge Gilbert Ochoa in San Bernardino County. In advance of the hearing, each side presented its view of how the case ought to be run, and the submissions we all made are attached. I wrote two pieces in collaboration with Mr. David Young, counsel for Public Lands for the People, Inc.
Unfortunately, Judge Ochoa resisted entirely our efforts to get a hearing on the federal preemption issue prior to the start of the summer mining season. I was appalled to hear him insinuate that there was no rush since the miners had already been locked out for three years. Based on that statement alone, do not have high hopes for him.
Mr. Young is more optimistic than I, and drew comfort from an ambiguous statement made by the Judge to the effect that the State had a “hard road” ahead. I believe the Judge was saying that the State would have a hard time selling its position, which I ridiculed, that detailed claim-by-claim specific discovery was required to resolve the preemption claim. Mr. Young thinks he was talking about the overall issue: the State’s ability to sell the position that it could lawfully impose the moratorium.
The net result of more than an hour’s worth of haggling was that a hearing on the State’s demurrer to the federal preemption claim (arguing it fails as a matter of law) will be heard on July 24, 2012, at which time the Judge will also finally hear PLP’s motion for a preliminary injunction. PLP correctly observes that their injunction motion may well resolve the preemption issue favorably, and I intend to file papers supporting it, or otherwise join in it. The environmentalists will also be able to immediately file their motion to be paid attorney fees for prior work, an event that may, obscenely, be resolved before the preemption question.
From PLP's Jerry Hobbs
This morning was the first appearance before the new Judge Gilbert Ochoa in San Bernardino County. In advance of the hearing, each side presented its view of how the case ought to be run, and the submissions we all made are attached. I wrote two pieces in collaboration with Mr. David Young, counsel for Public Lands for the People, Inc.
Unfortunately, Judge Ochoa resisted entirely our efforts to get a hearing on the federal preemption issue prior to the start of the summer mining season. I was appalled to hear him insinuate that there was no rush since the miners had already been locked out for three years. Based on that statement alone, do not have high hopes for him.
Mr. Young is more optimistic than I, and drew comfort from an ambiguous statement made by the Judge to the effect that the State had a “hard road” ahead. I believe the Judge was saying that the State would have a hard time selling its position, which I ridiculed, that detailed claim-by-claim specific discovery was required to resolve the preemption claim. Mr. Young thinks he was talking about the overall issue: the State’s ability to sell the position that it could lawfully impose the moratorium.
The net result of more than an hour’s worth of haggling was that a hearing on the State’s demurrer to the federal preemption claim (arguing it fails as a matter of law) will be heard on July 24, 2012, at which time the Judge will also finally hear PLP’s motion for a preliminary injunction. PLP correctly observes that their injunction motion may well resolve the preemption issue favorably, and I intend to file papers supporting it, or otherwise join in it. The environmentalists will also be able to immediately file their motion to be paid attorney fees for prior work, an event that may, obscenely, be resolved before the preemption question.
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