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Dave_Mack
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Motion for Temporary Restraining Order ( 21:23:09 MonJul 1 2013 )

Through quite a substantial effort and some awful good teamwork, we are filing a law-suit today in Siskiyou County on behalf of the Miners and around 20 other entities against The California Department of Fish & Wildlife and asking for an immediate Temporary Restraining Order to prevent them from enforcing the Emergency Rulemaking which they adopted on Friday of last week (just 3 days ago). If all goes according to plan, the hearing will take place in the Siskiyou County Courthouse (Yreka, California) tomorrow afternoon (July 2, 2013) at around 1:15 PM.

There is a lot at stake in this, and it would be good if we can fill the courtroom with supportive people. Please come if you can. I suggest it would be wise to call our office (530 493-2012) before you make the trip to make sure the date and time of the hearing has not been changed.

As long as we don't get maneuvered into delays, I feel we have a pretty good chance of overturning DFG's Emergency Rulemaking this week as an illegal misuse of their authority. This will be a big step in the right direction towards getting suction dredging opened back up in California.

There is much more than the following to support our position; but for your reading pleasure, I will link to the main moving documents:

Motion & Notice of Motion

Complaint

Memo in Support of Temporary Restraining Order

Declaration of James Buchal

Proposed Order

We believe this is a battle that we must fight; a line in the sand. We have had enough and we are not going to take it anymore!

Having said that, I will admit that this effort, along with our earlier attempt to try and defeat the Emergency Rulemaking, has placed our legal defense fund far into the hole. This is the real emergency!

So I am reminding you guys that we will be giving away 3 ounces of my personal gold nuggets in just 12 days -- all in an effort to replenish our war chest. You guys have always been there to support our efforts. I sure hope you will be there this time!

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49ers, P.O. Box 47, Happy Camp, CA 96039, or online by clicking here.

I hope to see a bunch of you guys tomorrow!

  
Jim_Alaska
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Re: Motion for Temporary Restraining Order ( 00:21:16 WedJul 3 2013 )

Hi Folks,

Just a short update to say that there was no decision made by the court today. The judge explained that she needed a bit more time to study the complaint and the state's response, since the state's response arrived at the last minute.

She said that she was not comfortable enough with this particular body of law to grant a temporary restraining order today. She wanted to be able to familiarize herself with this particular body of law this evening. She set a continuance for tomorrow July 3 at 1:30pm in the downstairs courtroom.

Our attorney, James Buchal did a great job. He was able to present nearly our whole argument in an attempt to simply answer a question that the judge asked. His presentation was articulate, professional, knowledgeable and he left no stone unturned in asserting that there was no "emergency" as declared by the state. He even went as far as to show that the only emergency that existed was the one the state imposed on miners and the business community in Siskiyou County and beyond.

The courthouse was packed, standing room only.



---
James Foley
Property and Mining Rights Advocate
Horse Creek, California
jfoley@sisqtel.net
 
 
Real49er
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Re: Motion for Temporary Restraining Order ( 00:44:35 WedJul 3 2013 )

WELL DONE All!!!

Hoping for the best, got all my fingers crossed, and will get a donation in tomorrow morning without fail!

  
Dave_Mack
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Re: Motion for Temporary Restraining Order ( 02:31:23 WedJul 3 2013 )

My perception was that it is very unusual for the complete courtroom to be full of interested people. The clerk of the court was clearly taken back by the numbers.

Thanks very much for that, you guys!

Let's please do that again tomorrow. Can you guys please come back and see this through with us?

  
Rod_Seiad
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Re: Motion for Temporary Restraining Order ( 15:11:19 WedJul 3 2013 )

Is it possible to obtain and then read the last-minute remarks from CDFW?

When Dave and Buchal stepped into the batters box, the overflowing courtroom was about to will a homerun. Just deliver something hittable and CDFW would be clobbered. CDFW decided to intentionally walk our power hitter.

Judge Dixon was uncomfortable. CDFW exercised deplorable courtroom demeaner. From his lofty perch on the mound a remark from the CDFW dimwit was heard to say while Buchal was mid sentence "How long is this going to take?" I would've held the CDFW clown in contempt and instructed the next time the disrespect occurs, the Bailif will slam you.

Buchal was exceptional. His preparation and ability to stay on course was a classy performance. He stayed on the high road while his opponent continually grovelled in the gutter.

I can now understand why Jim Foley believes that....
CDFW is a rogue agency.





  
ratled
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Re: Motion for Temporary Restraining Order ( 15:27:45 WedJul 3 2013 )

Is it possible to obtain and then read the last-minute remarks from CDFW?

That would be nice. Even it is after the fact


Buchal was exceptional.
Having watched him in court many times I agree. He makes me believe there is hope in the legal system .

I can now understand why Jim Foley believes that....CDFW is a rogue agency.
Rod you can be disappointed but you can't be surprised. In CA the norm is to reward bad behavior and punish positive behavior.

ratled
[1 edits; Last edit by ratled at 15:29:35 Wed Jul 3 2013]

  
MontineB
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Re: Motion for Temporary Restraining Order ( 22:08:38 WedJul 3 2013 )

Dave called 5 min ago.
We WON the temporary restraining order for Siskiyou County, we can continue with our underwater mining...
Dave will post more Later...Wed., at 3 pm...

  
LipCa
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Re: Motion for Temporary Restraining Order ( 22:18:19 WedJul 3 2013 )

Until July 30.......

  
colo_nuggets
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Re: Motion for Temporary Restraining Order ( 22:43:07 WedJul 3 2013 )

:doublethumbsup: WE WIN!!:doublethumbsup:
July 23rd is the San Bernardino case so maybe back to dredging. Back to pay streaks those of you who are on it! heh heh heh. :devil: get your gear in the water
[1 edits; Last edit by colo_nuggets at 18:26:29 Thu Jul 4 2013]

  
ratled
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Re: Motion for Temporary Restraining Order ( 23:19:18 WedJul 3 2013 )

A win is a win is a win.... and this is a WIN!!! :doublethumbsup:

Time to send in some money for the cause!

Also SB starts the 23... one day sooner\

THANKS DAVE and ALL !!!

ratled

  
Rod_Seiad
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Re: Motion for Temporary Restraining Order ( 23:41:51 WedJul 3 2013 )

Good stuff all around.:doublethumbsup: :doublethumbsup: :doublethumbsup:

Judge Dixon was tuned up and prepared. I believe she was sincerely happy to restrain CDFW.


  
chickenlip_willie
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Re: Motion for Temporary Restraining Order ( 23:56:56 WedJul 3 2013 )

Folks, it was pure joy today setting the court room watching this happen !!

This is going to be the best July 4th. Celebration I have had in a real long time !!:doublethumbsup:

  
salmongold2013
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Re: Motion for Temporary Restraining Order ( 00:16:30 ThuJul 4 2013 )

Happy Independence Everyone. Dave, Jim, Rich, Montine and all the Miners in attendance yesterday and today in Siskiyou...THANKYOU!!! I can't believe the joy I have this Fourth knowing that somewhere in America...Siskiyou County...we have a constitutional Sheriff and a constitutional Judge to back us up and act as our pillows against a tyrannical and unconstitutional government entity.
The war chest will see my wallet once again . ..and now thar we've got the green...I'm heading out of so cal and up to God's country ti be an American. Expect a quarter ounce of high grade Salmon gold by season end as wellDave and Jim for your efforts.
John B
Salmon Prospecting :thankyou::thankyou::doublethumbsup::eeekyellow::devil:

  
Rod_Seiad
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Re: Motion for Temporary Restraining Order ( 01:26:48 ThuJul 4 2013 )

Did we say constitutional Sheriff?

Jon Lopey the man himself was on duty at the main entrance. I walked straight to him offered my handshake in friendship. He warmly acknowledged. I politely mentioned that justice was served today. "I know" he replied.

Lotsa good feelings in Yreka for us miners.

:thankyou:

  
n2gold
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Re: Motion for Temporary Restraining Order ( 02:17:41 ThuJul 4 2013 )

Wonderful news for a change. Next stop: San Berdoo....

Meanwhile time to dust off the wetsuit and recover some Salmon River gold!

Thank you Dave and Mr. Buchal for keeping the mining flame lit.

E. Mark Murphy,
Proprietor: Salmon Gold Fields & Salmon Buddy mines.

  
Dave_Mack
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Re: Motion for Temporary Restraining Order ( 02:46:03 ThuJul 4 2013 )

I want to thank everyone who attended the hearings in Yreka both yesterday and today. The courtroom was filled to capacity on both days, and I have the impression that this does not happen very often.

Here is the initial Order that was signed by the judge before we left the courthouse today.

Our motion was to get a temporary restraining order (TRO) that would apply to all of California. But the issues are complex, as they always are; and the judge was only comfortable ordering a TRO for Siskiyou County. It is a step. We will begin briefing for a longer-lasting full statewide injunction within just 2 weeks. The hearing on that will be on 30 July. Please mark it on your calendars. We will need you guys to show support again.

Thanks again for all your support you guys. I don't think I have ever felt more proud than the moment when you guys all erupted into applause once the judge issued her ruling today. She looked pleased.

We pushed the machine back one click today. That's a big win for us. . We should savor the moment since we have not had a win for a while. But the machine never stops. Let's not over look that they will be back!

  
Jersey_Girls
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Re: Motion for Temporary Restraining Order ( 02:51:58 ThuJul 4 2013 )

Congratulations Dave, what amazing news.

Sorry we couldn't be there but we're on our way to Happy Camp.

We can all thank Dave and his efforts by following his advice and staying within the suction mining guidelines.

We'll definitely be at the 7/30 hearing and we're looking forward to taking advantage of some time in the water.

Thank you Dave!

Lori and Deb

  
DDEimer
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Re: Motion for Temporary Restraining Order ( 06:49:36 ThuJul 4 2013 )

I haven't felt this good leaving a courthouse in a LONG time!!The way our community came together for this was really something to behold. As well as many others who showed up for support. It makes me even prouder to be a member of this club!! Dave and staff were exceptional at putting this together at a breakneck pace, and Buchal was a warrior!! although his prey was nothing more than a low life possum, it was a joy watching him work !! I was so happy I did my Miners Shuffle right there on the courthouse steps!!LOL, Now to get back on them nuggets!! once again thank you to everyone that was involved in makin it a wonderful day!!!

  
keninla
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Re: Motion for Temporary Restraining Order ( 16:32:58 ThuJul 4 2013 )

Great work - congratulations to all.

  
jamie313
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Re: Motion for Temporary Restraining Order ( 17:27:50 ThuJul 4 2013 )

To help me know what is going on, below is my understanding:

A. The temporary restraining order will be reviewed on 30 July and could possibly be overturned on that date. Is this correct?

B. We are attempting to make it a state wide restraining order. Would this be temporary only or would it become a law and become permanent?

C. I understand the underwater mining equipment allows us to do "booming" closer to the river than the 100 yard distance currently on the books because we eliminate the sluice box portion. Correct?

D. I understand the 24th July date in San Bernardino (moved to 23 July someone said) is to determine if the moritorium on dredging will be lifted permanently or continue. Correct?

E. Assuming we are successful on the 24th and dredging is allowed again, will we stop working on the underwater mining proposal because allowing dredging will again be legal and "booming" will be allowed anywhere instead of 100 yards from the water?

I am asking these questions because some of us older guys may not be able to dredge but could still possibly "boom" and we need to know the status of "booming".

Thanks. Jamie313

  
ratled
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Re: Motion for Temporary Restraining Order ( 17:45:45 ThuJul 4 2013 )

A. The temporary restraining order will be reviewed on 30 July and could possibly be overturned on that date. Is this correct?Yes, it could also be extended if need be


B. We are attempting to make it a state wide restraining order. Would this be temporary only or would it become a law and become permanent?It would be still temporary

C. I understand the underwater mining equipment allows us to do "booming" closer to the river than the 100 yard distance currently on the books because we eliminate the sluice box portion. Correct?NO, this ONLY applies too the Gravel transfer system. A dredge, or all of the components of a dredge is still not allowed with 100 yards of a closed water way, all water ways are closed. See the club rules http://www.goldgold.com/special-rules-for-underwater-suction-mining.html and http://www.goldgold.com/underwater-suction-gravel-transfer-systems.html

D. I understand the 24th July date in San Bernardino (moved to 23 July someone said) is to determine if the moratorium on dredging will be lifted permanently or continue. Correct?
yes, the court cases start in SB on the 23rd

E. Assuming we are successful on the 24th and dredging is allowed again, will we stop working on the underwater mining proposal because allowing dredging will again be legal and "booming" will be allowed anywhere instead of 100 yards from the water?Booming is legal as long as you are not with in 100 yards of a closed water way since it is illegal to have a dredge within that distance. It always has been this way. The moratorium made all water ways closed. Under the '94 regs there various "seasons' for each water ways as listed in the regs. Some were open all year, some were closed all year, and there were various time frames - 3rd Saturday in May to the last day in Spet. June 1st to Sept 15 th etc. Some when the water way was closed booming was not allowed. Since the moratorium nonsense, booming has gotten more attention that it would have in the past

ratled
[2 edits; Last edit by ratled at 18:00:37 Thu Jul 4 2013]

  
LipCa
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Re: Motion for Temporary Restraining Order ( 19:03:50 ThuJul 4 2013 )

As I understand it, the TRO expires on July 30 and they take up the matter of the Preliminary Injunction. I heard nothing of "extending" the TRO.

It could all stop again on the 30th?? Am I right? Or, another restraining order issued?

  
jamie313
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Re: Motion for Temporary Restraining Order ( 19:33:15 ThuJul 4 2013 )

OK, I am still a little confused.
A. If/when dredging is allowed again, will booming closer than 100 yards from the closed waterway be allowed? I understand there are seasons that determine when and where but from what I read, that is in the water, not on the sand bars.
B. Right now, with the restraining order temporarily removed, water pump powered vacuum gravel transfer is legal closer than 100 yards, correct? The land to land and water to water situation still exists but we can be closer than 100 yards with the new gravel transfer systems, right?

  
aunuts
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Re: Motion for Temporary Restraining Order ( 20:15:27 ThuJul 4 2013 )

The gravel transfer system only applies to INwater. Booming is dry land and is 100 yards from the river. The rules on BOOMING have NOT changed.

  
ratled
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Re: Motion for Temporary Restraining Order ( 20:56:56 ThuJul 4 2013 )

Lipca, no one knows what will happen on the 30th as whatever happens in SB will have bearing on the TRO. It's up to the judge as to what she will do - extend, modify or terminate it.

Jamie it has always been illegal to be in possession of a dredge within 100 yards of a closed watery way. Booming is using a dredge on dry land. When it is 'closed" season - not open to dredging - then booming isn't allowed.

ratled

  
jamie313
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Re: Motion for Temporary Restraining Order ( 21:43:39 ThuJul 4 2013 )

I was under the impression from a response Dave made several weeks ago that a gravel transfer system was legal on land and as our underwater transfer system was not a dredge, a gravel transfer system on land did not fall under the 100 yard rule because it does not use a sluice box. I use a pump and hydroflow nozzel to pick up gravel and put it into my gravel transfer box, just as you would under water. I make sure my water does not flow back into the stream, just as with a high banker. I need to know for sure that I am OK with this less than 100 yards away from the river. With the temporary relief we have with our underwater systems, I am trying to verify that my gravel transfer system (not really booming because I do not have a sluice box) is OK since I am doing on land the same thing the gravel transfer system is doing in the water.

  
ratled
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Re: Motion for Temporary Restraining Order ( 21:54:41 ThuJul 4 2013 )

If you are not in the water you do not have a GTS.

The judge specifically hand wrote underwater mining in the TRO

http://www.goldgold.com/wp-content/uploads/2013/07/TRO-10001.pdf

ratled
[1 edits; Last edit by ratled at 21:57:54 Thu Jul 4 2013]

  
jamie313
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Re: Motion for Temporary Restraining Order ( 22:37:34 ThuJul 4 2013 )

Yes, I realize she mentioned "underwater" but she also called it a "suction dredge mining device w/o sluice box" and did not mention water until she did the AKA. This is why I am asking for an "official" decision so I know if I am able to use my invention, which by the way, works great on land.

  
Jim_Alaska
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Re: Motion for Temporary Restraining Order ( 23:01:49 ThuJul 4 2013 )

Jamie, there can be no "official" decision simply because your question is not addressed in law or regulation. Any response you get will simply be someone else's opinion.

Perhaps, if you must have this information to be able to work, you should consult an attorney. But even then it will only be his opinion.

In the end you are the one that will bear the responsibility and have to account for any consequences.

Sorry I can't be more definitive, but that's just the way I see it.



---
James Foley
Property and Mining Rights Advocate
Horse Creek, California
jfoley@sisqtel.net
 
 
riverwatcher
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Re: Motion for Temporary Restraining Order ( 03:15:42 FriJul 5 2013 )

Happy Independence Day Yall be safe and good gold for all

  

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