PLP's last court hearing info

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Discoveries »  +  ?  Results 1 to 2 of 2 Thread: PLP's last court hearing info«Prev Thread | Next Thread»LinkBack LinkBack URL About LinkBacksThread ToolsShow Printable VersionEmail this Page…Subscribe to this Thread… Ignore this ThreadSearch Thread Advanced SearchDisplayLinear Mode Switch to Hybrid Mode Switch to Threaded ModeToday, 11:59 AM#1vini Jan 201286 43 times All Types Of Treasure Hunting 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.

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Today, 02:09 PM#2Oakview2 Feb 2012Prather CAWhites GMT615 196 times Prospecting

Vini

Got this off of the CoarsegoldProspectors.com website in the members forum. Apparently came off of the PLP site.... There latest raffle for this year has some pretty nice prizes..

PUBLIC LANDS FOR THE PEOPLE - A 501(c)(3) Non-Profit Organization




Gary Goldberg
7:27 PM

Just a little clarification...after we file the Motion for Preliminary Injunction, the Kuruk Indians will have 30 days to respond to the Court. PLP will then have 30 days to counter the Kuruk response and then the Judge will have until July to make a decision on both the Preliminary Injunction Motion we file and the Motion For Summary Judgement which will be filed simultaneously with the Preliminary Injuction.
If the Court grants the Preliminary Injunction we can dredge immediately, and the court trial will begin in January 2014.If he grants us a Summary Judgement, the whole dredging moratorium becomes null and void and we go back to the 1994 Dredge Regulations and Fish & Game MUST issue permits for dredging at the 2009 permit costs!

Hope that clarifies it a bit more. For the absolute facts, go to www.plp1.org and click on the Forums tab. Ask all your questions there and Jerry Hobbs, PLP's President and Founder will answer them. You can also call us Toll Free anytime at 855-PLP-LAND or 855-757-5263 and listen to the options.

Last edited by Oakview2; Today at 02:26 PM.

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