Chico Scrap Metal, Inc. et al v. Robinson et al

Filing 43

ORDER following hearing signed by Judge John A. Mendez on 08/01/11 ORDERING that Counsel for plfs is sanctioned in the amount of $700.00 for violating the courts page limits on the moving papers and reply. Said sanction to be paid to the court w/i 10 days; plf's 20 Motion for Preliminary Injunction is DENIED. (Benson, A.)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
STEVEN M. GEVERCER, State Bar No. 112790
Senior Assistant Attorney General
KEVIN W. REAGER, State Bar No. 178478
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for the DTSC Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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2:11-cv-1201 JAM CMK

CHICO SCRAP METAL, INC., a
California corporation; GEORGE W.
SCOTT, SR., individually and as trustee of
GEORGE W. SCOTT, SR. REVOCABLE
INTER VIVOS TRUST DATED
SEPTEMBER 25, 1995,

ORDER AFTER HEARING ON MOTION
FOR PRELIMINARY INJUNCTION

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Plaintiffs,
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v.
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LEONARD ROBINSON, in his official
capacity as Acting Director of the California
Department of Toxic Substances Control; et
al.,

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Defendants.
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Plaintiffs’ motion for preliminary injunction came on for hearing, on shortened time, on
July 20, 2011. Therese Y. Cannata and Rachel Kent appeared on behalf of Plaintiffs. Deputy
Attorney General Kevin W. Reager appeared on behalf of the Department of Toxic Substances
Control Defendants (the “DTSC Defendants”). Stephen E. Horan appeared on behalf of the Butte
County District Attorney’s Office Defendants (the “District Attorney Defendants”). After

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{00921330.DOCX}

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[Proposed] Order On Motion For Preliminary Injunction (2:11-cv-1201 JAM CMK)

PDF created with pdfFactory trial version www.pdffactory.com

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considering the briefs filed by the parties and the argument presented at the time of hearing, IT IS
HEREBY ORDERED that:
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Counsel for Plaintiffs is sanctioned in the amount of $700.00 for violating the court’s

page limits on the moving papers and reply. Said sanction to be paid to the court within 10 days;
2.

Plaintiff’s motion for preliminary injunction is DENIED. As to the District Attorney

Defendants, the court finds that Defendants may have potentially meritorious defenses based on
lack of jurisdiction, abstention, Heck v. Humphrey, and prosecutorial immunity. As to the DTSC
Defendants, the court finds that Defendants may have potentially meritorious defenses based on
lack of jurisdiction and qualified immunity. For these reasons, Plaintiffs have not shown a
likelihood of prevailing on the merits of the action.
IT IS SO ORDERED.

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Dated: August 1, 2011

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/s/ John A. Mendez______________
HONORABLE JOHN A. MENDEZ
U.S. District Court Judge

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Approved as to form.
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Dated: July 29, 2011

CANNATA, CHING & O’TOOLE LLP

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__/s/ Therese Y. Cannata_______________
THERESE Y. CANNATA
Attorneys for Plaintiffs

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Dated: July 29, 2011

PORTER SCOTT

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__/s/ Stephen E. Horan__________________
STEPHEN E. HORAN
Attorneys for Defendants Ramsey, Thomas
and Barber

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{00921330.DOCX}

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[Proposed] Order On Motion For Preliminary Injunction (2:11-cv-1201 JAM CMK)

PDF created with pdfFactory trial version www.pdffactory.com

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Dated: July 29, 2011

OFFICE OF THE ATTORNEY GENERAL

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__/S/ KEVIN W. REAGER_________________
KAMALA D. HARRIS
Attorney General of California
STEVEN M. GEVERCER
Senior Assistant Attorney General
KEVIN W. REAGER
Deputy Attorney General
Attorneys for the DTSC Defendants

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{00921330.DOCX}

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[Proposed] Order On Motion For Preliminary Injunction (2:11-cv-1201 JAM CMK)

PDF created with pdfFactory trial version www.pdffactory.com