Oscar Braun <oscar@oscarknows.com> wrote: Frank,

Thanks for your quick response to the email alert we received from Ted Krzywicki and many other Pleasure Cove Marina neighbors notifying us that they had received a new  threatening letter this week  from BORever's Pete Lucero asserting that all of us have to be out of PCM by December 15, 2005.   Andy and I agree with your observations:

"In addition, since BOR is intent on implementing its adverse removal actions against individual selected long-term permittees despite the pending litigation it may be necessary to add the individual names of all permittees seeking protection against BOR's announced action as additional plaintiffs in the pending federal litigation."

I will put out a request this evening in the Pebble that "any" current Pleasure Cove Marina mobile home owner wanting to be "added" to the pending Braun v. Norton et al as a plaintiff of record to notify  you Frank by Sunday November 20, 2005 either by email or telephone that they would like to join the Brauns in their complaint for declaratory and injunctive relief Case No. CO5-03777 MJJ, U.S. District Court, Northern District of California, San Francisco.   Andy and I encourage all our PCM neighbors to join us immediately.

Regards,  Oscar & Andy Braun

Frank Iwama Contact Information

Telephone:  650/591-6200

Email: FrankIwama@gmail.com

--------------------------------------------------------------------------------

From: Frank Iwama [mailto: frankiwama@gmail.com]
Sent: Wednesday, November 16, 2005 2:16 PM
To: Oscar Braun
Subject: Braun v. Norton et al (BOR)

Oscar,

The following is a summary of the current status of  the complaint for declaratory and injunctive relief filed on September 19, 2005 in Braun v. Norton et al (BOR), Case No. C05-03777 MJJ,  U.S. District Court, Northern District of California, San Francisco.  The case has been assigned to Hon. Martin J. Jenkins, U.S. District Court Judge.  The court has scheduled a case management conference on February 7, 2006.

Subsequent to the service of summons on defendants, BOR has been engaged in providing inconsistent notifications to long-term permittees at Pleasure Cove regarding the implementation of previously announced actions to cease use (by November 1, 2005) and the removal of mobilehomes and personal property (by December 15, 2005) from the federal estate.  (BOR's most recent reminder letters are dated September 7 and November 9, 2005).  BOR has been involved in questionable bureaucratic conduct by providing inconsistent information to selected permittees without providing uniform notification to all Pleasure Cove permittees, all with the knowledge that BOR's action plan cannot be implemented without following required procedures and legal processes.  

Based on BOR's continuing  bad faith conduct in threatening adverse actions against Pleasure Cove long-term permittees in the face of the pending federal litigation requesting the court to rule on the legality of BOR's actions, plaintiffs' intend to seek a court order enjoining BOR's activities in order to maintain the status quo during the pending litigation.  In addition, since BOR is intent on implementing its adverse removal actions against individual selected long-term permittees despite the pending litigation it may be necessary to add the individual names of all permittees seeking protection against BOR's announced action as additional plaintiffs in the pending federal litigation. 

The present situation has been exacerbated by BOR's attempt to confuse legal issues by its rush to publish the 2005 EIS VSP issued on November 4, 2005.  Please contact me if you have any questions regarding this matter.  Best regards.