Opinion
2:11-cv-1201 JAM CMK
08-02-2011
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, Plaintiffs, v. LEONARD ROBINSON, in his official capacity as Acting Director of the California Department of Toxic Substances Control; et al., Defendants.
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 Attorneys for the DTSC Defendants
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
Attorneys for the DTSC Defendants
ORDER AFTER HEARING ON MOTION
FOR PRELIMINARY INJUNCTION
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 considering the briefs filed by the parties and the argument presented at the time of hearing, IT IS HEREBY ORDERED that:
1. Counsel for plaintiff's 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, plaintiff's have not shown a likelihood of prevailing on the merits of the action.
IT IS SO ORDERED.
HONORABLE JOHN A. MENDEZ
U.S. District Court Judge
Approved as to form.
CANNATA, CHING & O'TOOLE LLP
THERESE Y. CANNATA
Attorneys for Plaintiffs
PORTER SCOTT
STEPHEN E. HORAN
Attorneys for Defendants Ramsey, Thomas
and Barber
OFFICE OF THE ATTORNEY GENERAL
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