People v. M & P Investments

MEMORANDUM *

These consolidated appeals concern dual federal court and city administrative proceedings in which the State of California and the City of Lodi, California (collectively the “City”), seek adjudication of liabilities on environmental contamination claims under local, state and federal law. The federal suit contains over 100 defendants, but only the four involved in the city administrative action-Guild Cleaners, Inc., Jack Alquist, and Odd Fellows Hall Association of Lodi, Inc., and Beckman Capital Corp. (collectively “Guild”)-are appellees here. The City argues that the district court lacked authority under the All Writs Act to stay enforcement of an administrative abatement order (“the AAO stay”) issued in the city administrative action, and lacked authority under Fed.R.Civ.P. 34 to stay wastewater monitoring inspections (“the wastewater monitoring stay”) that the City attempted to conduct on appellee’s land pursuant to federal and state environmental law. The parties are familiar with the complex history of this litigation and we do not recite it here. Jurisdiction

We consider first whether we have jurisdiction to review the district court’s August 28, 2001, AAO…