Pulaski

Pulaski v. Chrisman

Good Law
352 F. Supp. 2d 1105·2005 WL 81919·2005 U.S. Dist. LEXIS 3339
United States District Court, Central District of CaliforniaJanuary 14, 2005SACV 04-1320DOC(ANX)California7,035 words

Opinion

Opinion

Carter, J.

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

Before the Court is a motion by plaintiffs Roily Pulaski, Gloria Monroe, Raymond Acosta, Jeanette Miller, and El Mor-ro Community Association (“Plaintiffs”) to enjoin defendants Mike Chrisman, in his official capacity as Secretary of State of California Resources Agency, and Ruth Coleman, in her official capacity as the Director of the California Department of Parks and Recreation, (“Defendants” or “the state”) from: (1) taking any action to evict the leaseholders within the El Morro Village Mobilehome Park (“El Morro Village”) in Orange County until such time as the United States Fish and Wildlife Service (“FWS”) acts on the El Morro Village residents’ application for a permit under Section 10 of the federal Endangered Species Act (the “ESA”), 16 U.S.C. § 1539 , for removal of their mobilehomes without penalty under the ESA, and (2) taking any other action at El Morro Village that would result in the unlawful take of a species protected by the ESA before Defendants obtain FWS permission to harm each of the four federally-protected species that Plaintiffs contend will be affected by the conversion project. After reviewing the…

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