Tuesday, April 24, 2007

Open thread on Cotchett's PL filing

I'm paraphrasing, but back when Tim Stoen stood before the Board of Supervisors asking to bring Cotchett's law firm in to do the PL suit, he said this was a slam dunk case - that all he needed was 4 pieces of paper and two expert witnesses and this case would be over in two days...

Typical Stoen histrionics.

"...Gallegos' complaint, Cotchett said, is legally sound... "This is an extremely well-written complaint," Cotchett said. "The district attorney (and his staff) did a full and complete investigation
before they filed..."


Oh really?

Much has been revealed since that first day about how the PL suit came about, with Ken Miller in Stoen's office helping draft the suit, and of course it was laughed out of court. Didn't even pass demurrer, didn't even go to trial.

There were big numbers being thrown around back then - "... In the lawsuit, Gallegos is asking PL pay damages of up to $2,500 per tree for every one cut as a result of its alleged deception surrounding the Headwaters deal. The district attorney's office has estimated the company cut 30,000 trees it shouldn't have been allowed to cut, which appears to mean the damages the district attorney is seeking are in the neighborhood of $75 million. Of that, the Bay area firm would want more than $10 million plus expenses...."

But, somehow, I don't think this is about money, and I don't think we know all there is to know about who is behind this effort. There is a big story here waiting to be told.

There are questions that have to be answered. How did Cotchett come to be involved in the first place? How did Stoen get brought in? Was John Burton involved? How about Pete McCloskey? What are his links to Burton? How did Ken Miller pull this off?

And why is Cotchett "jonesing" after this suit to this day? Is it the money?

I'm starting to wonder if Cotchett is all that smart. His statement that Miller's suit was well-drafted is ludicrous.

And if some of the points which have been brought up in the discussion on the Humboldt Herald are true, he has really screwed up this time.

That being that the Statute of Limitations has long since expired since the "whistleblowers" objections were discovered while the Headwaters deal was being finalized, if I read it correctly.

My opinion has been and remains that Hurwitz ought to sue Ken Miller and his dedicated cronies (including Fenton Communications and Michael Shellenberger) for their decade long effort to destroy Pacific Lumber Company, to use the power of government offices to steal his land, for their ongoing and vicious defamation of him and his company. It would be a groundbreaking thing. The activists and their power are a new and untested thing, and the use of the internet to spread the defamation is a new thing.

Consider this an open thread on the latest Cotchett/Palco filing.

And would the person who posted that information at Heraldo, please email me with information. I see you have also drawn the connection between Burton and this whole sorry mess. Help us understand this process.

Sidenote: Cotchett also gave Gallegos' campaign three grand, if I remember correctly. It's high time I posted those 460s.

More on heraldo - besides the rhetoric, check the comments, though he seems to be deleting them as fast as they come in.

47 comments:

Heraldo Riviera said...

the Statute of Limitations has long since expired since the "whistleblowers" objections were discovered while the Headwaters deal was being finalized, if I read it correctly.

That's not correct. The Headwaters Deal was finalized in 1999. Questions about the modeling didn't start until 2002. And the CDF head who signed the deal, Richard Wilson, didn't learn about it until August 2006.

decade long effort to destroy Pacific Lumber Company

You think Hurwitz needed help destroying Pacific Lumber?

the use of the internet to spread the defamation is a new thing.

Yeah, but it seems to work well for you, Rose.

Anonymous said...

Good Morning Rose: Thanks for the invite. I will repost much of what I did on Herald here. Looks like Heraldo likes to delete things that challenge him.

There were competing views on what the headwaters agreement should be like. The key disagreement was that Burton had one proposal and Fienstien another proposal. Burton couldn’t sell his to palco and Fienstien barely sold hers. Fienstien came out looking good and Burton had egg on his face.

Burton and many enviro groups were pissed at the Fienstien proposal and after losing the battle to undermine it and throw it out, turned to trying to eviscerate it after it was signed. This bickering by Burton and his followers has been going on so long and is so destructive to this community, its about time Lovelace, Heraldo, Ken Miller and the likes just told the truth about this. It is clear if anyone does a google search on Burton and the Headwaters. Burton and the extremists started with trying to void and gut the terms of the headwaters agreement immediately after the agreement was entered into. The internet cites of many of these groups discussed Burton's and their own plan of action to break the agreement immediately after it was signed - there was absolutely no delay. Yes - it is all on line on many cites.

I have said it before and say now -void the damn thing and start from scratch. Rescind the damn contract if they believe there was a mistake of fact underlying what was known by the parties upon entering the contract. Have the county pay back the money, give the trees back to Maxxam and start from scratch. Burton’s proposal was rejected and what he and his cronies are trying to do is back door the agreement instead of coming to terms with it.

Miller, Heraldo, Lovelace, the Hum.Watershed Council and all of their morphed groups (including Salzman, AEB etc) accuse PALCO of not being honest...perhaps they were, but with Heraldo, Miller and Mark etc. and whomever, calling PALCO a liar is like the pot calling the kettle black.

They should try a little intellectual honesty for once instead of playing on what they often refer to as the stupidity of the masses to get their way.

One of their handpicked candidates once said that he knew he was lying to the public, but that the public was too stupid to figure it out until after he was re-elected. Guess what? He was re-elected. A dear friend of mine had the conversation with this politician and his whole way of viewing politics on a local level changed after he was told this by a "progressive" candidate.


The newly filed law suit by Cotchett is nice attempt to manufacture a way out of the problem. Maranto's alleged "discovery" (this is a whistle blower suit) was known and written about in October 2002 so the attempt to manufacture a way out of the statute of limitations (3 years from discovery) is about as weak as the prior suit filed by Gag's that was dismissed. Saying Wilson didn't know about it until 2006 is ridiculous because the operative official is CDF and not Wilson (who I have been told quit in 1999). CDF was clearly and openly apprised of Maranto's computer modelling at least in a letter to officials at CDF in October of 2002 and so the statute of limitations ran October of 2005. But Cotchett doesn't care about Humboldt or anything else. He sees potential dollars one way or the other - this is like national advertising without having to pay for it and by keeping this community divided (again!)

If only these bottom dwellers would decide to quit bottom feeding and put their time and energy into something that was constructive and not destructive.

Why not just lobby for the Headwaters agreement to be voided completely and start over?

Rose said...

Thank you, 10:55. I want to learn more about this.

But permit me an aside for a moment to respond to "Heraldo" who seems to think some of the things I say are "extreme."

Well, with that in mind, back when I found the little polemic below at olyecology I wondered what Heraldo might think of it... and whaddya know? Heraldo WROTE IT.

C'mon Heraldo, "hitting the brakes(sp) on the already delayed County General Plan by requesting developers go forth and sprawlify the forest lands."?

"Herman fancies clear-cuts and poisonous herbicides to subdue the land and harm Humboldt County residents."?

"He helped orchestrate the Stafford landslide - a logging-triggered disaster that smothered houses on New Years morning 1997."?

His "bloodthirsty disdain"?

His "destructive prowess"?

...7) Humboldt County Planning Commissioner Tom Herman has a long history in plundering the redwood forest. Before Roger Rodoni appointed him to the Planning Commission in 2002, he was a Pacific Lumber vice president. Now, desperate to please Rob Arkley, Herman is hitting the breaks on the already delayed County General Plan by requesting developers go forth and sprawlify the forest lands. Herman fancies clear-cuts and poisonous herbicides to subdue the land and harm Humboldt County residents. He helped orchestrate the Stafford landslide - a logging-triggered disaster that smothered houses on New Years morning 1997. Herman’s bloodthirsty disdain for endangered forest critters was cited by U.S. District Court Judge Louis Bechtle, who noted that Herman hosted a party at his Scotia home where nearly-extinct Marbled Murrelets played the bullseye for so-called foresters. "At the party, there was a target of a marbled murrelet on a dart board, at which the attendees were throwing darts," the judge wrote. In 2003-2004 he served as legal advisor to the recall campaign against District Attorney Paul Gallegos, a failed but expensive endeavor funded by Pacific Lumber’s parent company Maxxam. Herman’s destructive prowess appears to be his only qualification to sit on the Planning Commission. You can thank all five Humboldt County Supervisors for his reappointment, which will keep him championing Arkley’s dream of Humboldt-into-Santa-Rosa until 2009.

"Balls to the wall!" And that's just ONE of your targets.

Now, let's return to the topic at hand.

Anonymous said...

From heralldo
anonymous said...
This is the same old shit that was in the infamous dismissed PALCO suit filed by Gags. The only difference here is that this suit was filed by Cotchett (who couldn’t get in early 2003) and if somehow the case could prevail, it would result in Cotchett getting 33-40% of the recovery plus costs off of the top - 50% going to retired Wilson and Maranto - and just maybe 10-15% going back to the state/feds. Problem with Wilson is his previous recorded statements that the data submitted at the “so called” last moment by PALCO wouldn’t have mattered as the deal was going thru no matter what.

I’d say those are some pretty big problems.

But the biggest is with Maranto and is the statue of limitations which provides that no action may be brought more than 3 years after discovery. Especially since you write that

“While preparing a draft letter to Palco in October 2002, Maranto proposed “that his superiors raise with Pacific Lumber the issue of misrepresentation in the modeling.” He suggested that CDF demand from Palco the “yield stream data generated by computer simulations for the SYP.” However, “Mr. Maranto was instructed by his superiors to expunge all references” to the approved SYP from the final letter.”

Seems to me like they discovered it and that by October in 2005, the statute of limitations ran.
But then again maybe I misread the government code section that state that no action may be filed longer than 3 years after the date of discovery by the official (Maranto).

You know - I don’t mind going after PALCO for anything they may have really done within the time frames but this incessant posturing is getting pretty old. I think the whole god damn headwaters agreement should be VOIDED and everyone should start back at square one. Why pay Cotchett and Maranto a damn dime!

Anonymous said...

Rose - I am about ready to bust a gut.

Get over to Heraldo - he is deleting comments (polite and fairly reasonable as blogs go) so fast it makes your head spin.

seems like he didn't like the following:

"Oh yeah I get it H. - the Attorney General is corrupt, CDF is corrupt. Everyone is corrupt except Heraldo (who is to chicken to come out and admit who they are) Lovelace, Salzman, Miller.

Yeah, right.

Wow - you are censoring stuff you don't like. (like the 4/24/2007 03:28:00 PM post you removed.) Censorship - a new and progressive concept."

I guess the fact that he deleted this at 3:28 means someone has hit the nail on the head.

lol
rothflol
rothflmao

Anonymous said...

Message to Eric. The deleted comments on Heraldo weren't about you. I asked Mark,I mean Heraldo if Riviera was his maided name.

Rose said...

That is funny. I keep getting emails from people whose comments are being deleted. They all have two words in common.

I just watched him delete more than 30 comments, yours and a few others on a couple of different threads.

Anonymous said...

It would be funny if it weren't so damn sad. The phony position Heraldo claims ,of being the arbiter for fair and honest debate on palco,healthy development,and all issues progressive, is crumbling all around him. What we see clearly is graft,greed,and corruption at it's self indulgent progressive worst. Will you answere three simple questions Heraldo? Who's paying you? What's your real name? Will you ever let us harvest?

Anonymous said...

"The district attorney (and his staff) did a full and complete investigation before they filed..."

That is patently untrue.

Anonymous said...

I believe GAG filed within two or so weeks of taking office. I think they arw talking of GAG consulting with his "soon to be Asst. DA's" well before the election.

Rose said...

The DA's investigators and his senior prosecutors reportedly told Gallegos/Stoen he didn't have a case.

The State agencies tried to tell Stoen he didn't have a case, and he shut them out, they commented that they felt that he decided they were "the enemy."

I've always thought it is funny that people say Paul filed the case. It's my impression that Stoen did, Gallegos' name is just on it because he is the DA.

Then Stoen started trying his case in the public, and Salzman kicked into high gear when the suit was threatened.

Anonymous said...

They waisted tens of thousands of dollars and they failed. There front man is a little man pissing on the legs of the working people who they are using for their own personal gain.

Anonymous said...

Little men with huge egos.

Anonymous said...

hey rose: Mark Lovelace aka Heraldo has deleted this now 41 times

Talk about desperate!

this is on Heraldo (Lovelace's cite) on the post "Scrutiny deluxe for Maxxam's lapdog judge"

Anonymous said...
Good morning Mark -

41st post - copy of the prior 40 deleted ones...

Oh yeah I get it H. - the Attorney General is corrupt, CDF is corrupt. Everyone is corrupt except Heraldo (who is to chicken to come out and admit who they are) Lovelace, Salzman, Miller.

Yeah, right.

Wow - you are censoring stuff you don't like. (like the 4/24/2007 03:28:00, 4:00, 4:03, 4:06, 4:30, 4:37, 4:40, 4:47, 4:51 through 510 PM and this mornings prior posts you removed which were identical to this one...that makes 40 removed posts.)


Censorship - a new and progressive concept.

BTW, I am copying your page each time I post just for the fun of it. Am forwarding your tantrum to some other blogs. Take a little advice, stop the tantrum...just a suggestion before you blow a blood vessel in your brain.

4/25/2007 11:00:00 AM

And he keeps on erasing it - what do you think he is afraid of?

Anonymous said...

Lets see if he delets this post. Mark,errr Heraldo,who's paying you? Who's your free lawyer? They just ran the homeless encampment off the Arcata community lawn. Why don't you let them camp on your expansive estate? You have plenty of room. Put your land where your mouth is. Its for the people Mark,errr Heraldo, you can do it.

Anonymous said...

Rose
Thank you for taking the time and digging in on many important issues in our community that these "progressives" spew forth on endlessly in hopes that their repetition will lead to acceptance as truth. Several other local blogs, mainly the not so humble herald, feel that open discussion is dangerous to their point of view. I've attempted to post several times to correct blatant misstatements, but since my words disagreed with the headline the comments were censored.
I would love it if someone took it upon themselve to expose the little man behind the curtain for what he truly is.

Anonymous said...

What a hypocrical piece of dung Heraldo is...I posted asking why he keeps deleting the posts and he deleted them...as if that will keep the fact he is a two faced inconsistent fraud a secret...

Anonymous said...

Hey he is up to deleting the one I put on - its the 41st time he deleted the above post at 11:03.

Anyone want to contribute to why his cage is so rattled?

Too close to home?

Anonymous said...

we are up to 45 deleted posts now. lmaorotflol

Anonymous said...

Just posted at H's...soon to be deleted I am sure...

you are such a hypocritical COWARD...

LMAO, you act as though you want to fully discuss and have reasonable conversations, but you got your ASS SPANKED on this thread, and if you could, I am sure you'd delete the entire thread entirely...

He has been EXPOSED today, and we must NEVER let him forget what a hypocritical piece of arrogant offal he is...

Anonymous said...

Delete this-

Rose is a cunt

Anonymous said...

Rose is a cunt

Rose said...

You're back. You think I oughtta delete the Mark Lovelace/Heraldo comments?

Rose said...

Getting back to the topic at hand - that Wilson guy came out quite some time ago, trumpeted by the Salzman/Stoen/Gallegos/Miller forces. It had an odd feel to it. Something isn't quite right.

Seek and destroy, Salzman et al continue on the mission - If I was really being suspicious, I would ask whether he was paid off... but maybe there was some other way they got to him.

Anonymous said...

7:54 pm argh..I mean Richard Sleazman ... I mean Salzman - drink another bourbon and get back under your rock you creep.

How about dealing with whats on the post for a change instead of sharing with us your sexist bullshit.

robin shelley said...

Ah, "cunt". What a great word! Oh, I know it's supposed to be a shockingly vulgar & derogatory term but its ancient etymology says otherwise as does current modern feminist thinking. After all, the vagina (as it's known in polite company) is such a warm & wonderfully powerful & pleasurable thing that history is full of examples of men who have wrecked their lives, minds & careers just trying to get some. The vagina ranks right up there with money, power & status! It is usually the wrecked or rejected men who can't quite attain or achieve the goals they set for themselves who resort to such colorless descriptions of what is so highly prized & sought after by their gender. Some women might take offense at the word but smart women snicker to themselves because they know it speaks volumes more about the speaker than it does about them: she's hurt or scared him somehow.
You go, Rose, you...!

Anonymous said...

Rose - here we go again -

Heraldo, (oops I mean Mark) finally stopped deleting the post he deleted 47 times. He then answered your question about why he deleted it by referring to it as spam. I answered him that it was posted by me and then deleted by him, reposted, redeleted etc., etc, up to the 48th post and that that was not spam but censorship and a tantrum because he either couldn’t or wouldn’t answer.

Now, you are gonna bust a gut laughing at this one...when I pointed out that it wasn’t spam and that he was trying to mislead his readers by calling it spam because he could not answer your question as to why he kept separately deleting that comment each time it was posted - he deleted that one also....

So guess what - I posted again...wonder if we are gonna have the same posts and deletions for another 48 times.

I so very much enjoy the predictability of all of this.

Anonymous said...

yeah - it looks like round two

He has now deleted this one 2x. I just reposted it a third time.

I will repost it for you below:

3rd post of the same information after you deleted the prior 2 - the last one deleted was at 10:19- I guess this is round 2. Here is the exact version reposted

"What a crack up - deleting thing again Mark?
I just posted that the earlier posts that you deleted were not spam. I posted then you deleted that one also.

What you deleted was my answer to your “spam” explanation. Initially, the first round was posted at 3:28 - you deleted it. I then reposted and you re-deleted again. I re-re-posted, you re-re-deleted. I re-re-re-reposted and you re-re-re-redeleted. We did that 48 times. That is not spam - that was your temper tantrum and censoring something that you either wouldn’t or couldn’t answer. Heck, my 10 year old acts more adult like.
Instead of simply answering the question posed to you on this cite and others - why you would continuously remove that post, why not simply answer it. So you finally say uncle and leave the earlier post. Now you finally address other bloggers questions regarding why you deleted the same post 47 individual times and you say that it was spam when you know damn well it wasn’t . OK why, mislead your readers by referring to it as spam, when it clearly wasn’t? Please answer the question because it will not go away.

Can’t answer this question either can you, so now we go on to another round of infantile deleting.

So I guess we are gonna have the same posts and deletions for another 48 times?

4/26/2007 11:09:00 AM"

Rose - I am so lmaorotflol! You wanna bet who is gonna give a first in round 2?

Rose said...

Well, you're right. It wasn't spam the first time he deleted it. Nor the second, nor the third. I thought the whole thread was pretty interesting, with back and forth discussion, but THIS is truly humorous. "Heraldo" is clearly someone from the Salzman/Miller/Lovelace camp, they spout the same rhetoric, share the same targets, rant against the same people (Tom Herman being one).

His deletions may have backfired however. You - and your comments - are now a topic in this week's Dandy: "...If the case sounds a bit familiar, it should; the lawsuit brought by District Attorney Paul Gallegos in 2003, the one that later led to all that fuss, covers similar territory. The difference is that the DA's suit, which currently languishes in the appellate system following its defeat in Humboldt County Superior Court, alleges that at the same time, and for the same purpose, Palco cooked the books relating to the relationship between logging and landslides.

And now it's clear that the cases may face similar obstacles. Early on in the DA's case, then-Assistant District Attorney Tim Stoen had to switch up his game plan because the statute of limitations on the charge he had originally intended to file had already expired. As an unusually sharp-eyed commenter on the Humboldt Herald blog noted earlier this week, the Wilson/Maranto suit appeared to have some statute of limitations issues as well. The suit states that Maranto first became aware of the monkeyed harvesting model in 2002. The statute of limitations -- aptly acronymed "SOL" -- in such cases is three years. Therefore, wasn't this case filed too late?..."


"Heraldo Riviera" is obviously none too happy with your point.

Anonymous said...

Quickly go to Marks,,,Heraldos site and read the #1 post on the two Thur. thread before he deletes them.

Anonymous said...

Guess I was too late, what did it say?

Heraldo, ahem, Mark Lovelace has been getting some computer tech help today...too bad it didn't work.

Yes, Mark, I can still post.

lol
lmaorotflol

Anonymous said...

Hey, heraldo deleted my comment. That's never happened to me before. Guess he didn't like the part where I said, if I recall aright
" Funny how people who get into disputes of law and fact are so often ignorant of both".

Rose said...

Are you helping Cotchett with this suit, "heraldo"?

Anonymous said...

Without the lifts is he officially a dwarf? No disrespect intended, just asking.

Anonymous said...

It appears that the little sissy Mark or Heraldo has changed his blog so that no anonymous posts will be allowed. What was that he called you Rose? A c#*#. If the little piss filled shoe fits Mark,put it on.

Anonymous said...

I don't always understand the connections you make Rose. I admit that. I do understand that you need to block the most filthy of comments. When someone challenges you on substance you always engage them. Because you have stayed on the high ground you have slowly brought me closer to you. If the heraldo site was honest it would welcome the chance to defend its self. If not I think it will simply be relegated to the bomb throwing category.

mresquan said...

I wish Heraldo would just say yes to being whomever he's accused of being,regardless of if it's him or not.This whole thing makes for dumb conversation.Can anyone prove that capt.Buhne is really Ryan Hurley? For all I know Hank,Kevin Hoover and a clique of other reporters could have just put him out there as a front,and took pictures of him at a computer and did interviews with him.

Rose said...

Interesting point, mresquan. "Heraldo" is obviously someone in the Salzman/Miller/Lovelace camp. Given the risk of exposure, do you think Salzman is looking for a stand in? That'll be tough to pull off.

I can only say that if Heraldo is Mark Lovelace that is going to present quite a dilemma for Mark, who is widely viewed as a quiet reasonable guy. The moderate in the activist/extremist camp, and one of Ken Miller's best weapons.

A Jekyl and Hyde situation, given the vitriolic zealous posts of Heraldo's that have led to him being identified with Ken Miller (it was the subject matter and his reactions that have led to him being identified with Mark Lovelace.)

Thanks 8:39. I will try to be more clear in my descriptions. Sometimes the blog works best by limiting the words, like a concise letter to the editor, but the details often get lost. The good thing about the blog is that it has the capacity for large amounts of information. I do try to check myself and my facts. I am interested in information, and I do welcome your questions.

And Robin, you can WRITE.

Rose said...

"Oh yeah I get it H. - the Attorney General is corrupt, CDF is corrupt. Everyone is corrupt except Heraldo (who is to chicken to come out and admit who they are) Lovelace, Salzman, Miller."

Ok, "Heraldo," just address the guy's point.

You know that the AG and the other agencies were bound by the Headwaters agreement to defend the agreement, and I guess Palco, in just the event that we have here, the continued onslaught of nitpicky attempts to overturn the agreement.

They're not corrupt.

Let the discussion move on.

BUT - the Headwaters Agreement - and what is still ongoing today ought to stand as a lesson to ANYONE who ever thinks about entereing into a similar agreement - it will NOT appease the "environmentalists" and zealots. The pressure will not stop. The agreement will be nothing more than something for them to try to find niggling little faults with. It will end up costing everyone FAR MORE than the initial agreement.

I doubt you will ever be able to save another tree.

Anonymous said...

Rose you must have really struck a raw nerve with Mark at Heraldo. He is getting phony posts telling him how fare he is. HA! You've forced him to open up to annons again. Good work. The NCJ nailed him pretty good also. All lies and jest. Good lyric for a song. Poor values to live by.

Rose said...

"...Still a man hears what he wants to hear and disregards the rest..."

I'm not sure what sent "heraldo" off the deep end. Someone pointed out that the statute of limitations had expired on his scenario, and rather than discussing it further, he started deleting the guy's comments. I've been getting alot of emails form people whose comments are being deleted, all contain the same two words. Mark and Lovelace.

Steve Lewis said...

I posted this on the Heraldo Watershed Council blog where it may not last long.

Ken and Mark, why don't you actually do something to help Humboldt County workers regain Palco instead of seeking ways to milk Palco's errors for lawsuit potential? Do you really think lawsuits by enviros or your DA do anything to help Humboldt timber workers? Or is it just your addiction to playing political games with Maxxam?

After all, Humboldt Watershed Council was formed by a now hidden and never mentioned but once very vocal and active founder, Bob Martel, who cobbled together various anti-corporate exposes of Mr. Hurwitz and company for a lawsuit that was thrown back in his face by the judge who determined his sources and the whole thing bogus political propaganda. The judge socked Bob Martel with a fine over hundred thousand after which Bob and Ken form Humboldt Watershed Council and Bod disappears.

That's what all this Ken and Mark fanaticism carried on ever since is about. Activists Bob and Ken getting even with Hurwitz for Bob Martel losing his lawsuit. This information too will probably be deleted by our Heraldo Watershed Council blogster here.

Rose said...

Steve - I had heard of Bob Martel before, and knew he was involved with Ken Miller, I see his name pop up from time to time, but I hadn't heard about this lawsuit. Can you give me an idea when it happened? What year? Which papers might have covered it? I'll see if I can find any write-ups on that. It's worth adding in to the mix, and into the permanent record. Any more to the story?

Rose said...

Got it! Nano-seconds - Not just Martel, but dear old EPIC...

Order to pay attorney fees

A taxpayer and a local nonprofit group have been ordered to pay legal fees for two separate lawsuits involving Pacific Lumber and its chief stockholder, Charles Hurwitz.

In 1995, Humboldt County resident Robert Martel filed suit against Hurwitz, alleging he had defrauded the federal government of $1.6 billion in the collapse of the United Savings Association of Texas 11 years ago, according to a report in the Times-Standard. Now Martel has been ordered by U.S. District Court Judge Lynn Hughes to pay Hurwitz' $110,123 in legal fees and expenses.

Hughes ruled that Martel's suit was "abusive litigation" because Martel had based much of his suit on information garnered from newspaper reports. Hughes also said Martel, who had filed the suit as a taxpayer, lacked standing to sue on behalf of the federal government.

Neither Martel nor Hurwitz could be reached for comment.

In a separate case, the Garberville-based Environmental Protection Information Center was ordered to pay Pacific Lumber $17,731 in legal costs as a result of a June 1997 lawsuit. EPIC sued PL in March of 1995, maintaining that the California Department of Forestry should have prepared an environmental impact study before it granted the company a salvage-logging permit for spotted owl habitat now protected as part of the Headwaters Reserve.

EPIC spokesperson Kevin Bundy said U.S. District court judge Louis Bechtle dismissed the suit because EPIC "couldn't convince the court (salvage logging) would violate the endangered species act."

John A. Campbell, PL president, recently issued a statement saying PL is entitled to the court costs.

"The favorable court ruling highlighted that salvage and other logging would not cause a take of endangered species," he said. "The court ... made clear in this case that endangered species would benefit from the working relationship developed by Pacific Lumber, federal wildlife agencies and the California Department of Forestry."

Bundy said the amount EPIC must pay is a fraction of the $700,000 PL originally requested to cover fees.

Rose said...

Activist must pay fees

Local activist Bob Martel received an expensive setback this week in his ongoing battle against Pacific Lumber and its parent company, MAXXAM. The 5th Circuit Court of Appeals rejected Martel's appeal to an earlier decision in MAXXAM's favor and ordered him to pay the company legal fees of more than $110,000.

The case concerns the failure in 1988 of a savings and loan association in which MAXXAM and its chairman, Charles Hurwitz, were investors. Martel contends that Hurwitz exercised control over the company; Hurwitz denies the charges. Related cases are still pending, but the court ruled that Martel's case was "frivolous."

Martel disputes that claim, saying that the suit cost him $250,000 and took five years of research. That, he said, "doesn't actually fit the definition of frivolous."

As to how he might pay the legal fees awarded by the court, Martel said he hasn't earned "more than six thousand dollars in a year in recent memory"

MAXXAM spokesman Josh Reiss said that the corporation intends to pursue the claim.

Rose said...

Wonder if he ever paid?

Rose said...

And, look, isn't this special - the other cog in the activist wheel, asje carries on with the battle

"Endosed" by
Bob Martel
Executive Director
Humboldt Watershed Council

Ken Miller
Salmon Forever
Mckinleyville, Ca 95519

Shirley J Shelburn
Humbolt Watershed Council
Rt 1 Trinidad ,Ca 95570

Darryl Cherney, Executive Director
Environmentally Sound Promotions
Redway, CA

Karen Pickett
Coordinator
Bay Area Coalition for Headwaters

Paul Hughes
Executive Director
Forests Forever

Paul Mason
Executive Director
Environment Protection Information Center (EPIC)

Patricia M. Clary
Executive Director
Californians for Alternatives to Toxics

And a LONG list of the usual suspects, "Projects" - memebers of that "growing coalition"....