December 15, 2005 |
|||
Archives |
BORever Mob Can Run...But Not Hide!
Mr. Braun, This matter has been forwarded to the Assistant Regional Solicitor James Turner. In the future, please address any correspondence to him at: Office of the Solicitor Pacific Southwest Region Attn: James Turner Pete Lucero, Park Manager From: Oscar Braun [mailto:oscar@oscarknows.com] Dear Mr. Lucero, As a law abiding citizen and a permit holder at Merry Christmas Oscar Braun Dear Mr. Lucero, As a concerned long-term permittee, I feel that it is important to maintain accurate communication of the facts, including perceived rumors and innuendos, surrounding current events at As a named party to the pending Braun v. Norton litigation, you have received information that the court has been requested to include additional PCM permittees as named plaintiffs to the lawsuit. (The attached list is provided in case you have not formally received the information filed with the court as timing is important in this matter.). In addition, the permittee plaintiffs have either previously paid rent for the PCM time period in issue (June 1 through October 31) directly to the interim concessionaire, or have made commitments to timely pay past due rents to BOR/PCM (based on the existing confusion as to the proper party(ies) to receive rent payments), or to timely place past due rents in a trust account for PCM and/or BOR/PCM. Please understand that because some permittees have legitimate offsets or claims against BOR/PCM payments were made with the condition that these issues could be addressed at the appropriate time. Recently, many allegations regarding BOR/PCM actions, including rumors and innuendo, have surfaced. The following BOR actions have been documented:
As you know, I have been acting in good faith in responsibly letting the court determine the legality of BOR's action in terminating permitee rights at Oscar Braun
Gale Norton's 4C's v. BORever's Bad Faith! From: Oscar Braun [mailto:oscar@oscarknows.com]
Dear Mr. Lucero, As a concerned long-term permittee, I feel that it is important to maintain accurate communication of the facts, including perceived rumors and innuendos, surrounding current events at As a named party to the pending Braun v. Norton litigation, you have received information that the court has been requested to include additional PCM permittees as named plaintiffs to the lawsuit. (The attached list is provided in case you have not formally received the information filed with the court as timing is important in this matter.). In addition, the permittee plaintiffs have either previously paid rent for the PCM time period in issue (June 1 through October 31) directly to the interim concessionaire, or have made commitments to timely pay past due rents to BOR/PCM (based on the existing confusion as to the proper party(ies) to receive rent payments), or to timely place past due rents in a trust account for PCM and/or BOR/PCM. Please understand that because some permittees have legitimate offsets or claims against BOR/PCM payments were made with the condition that these issues could be addressed at the appropriate time. Recently, many allegations regarding BOR/PCM actions, including rumors and innuendo, have surfaced. The following BOR actions have been documented:
As you know, I have been acting in good faith in responsibly letting the court determine the legality of BOR's action in terminating permitee rights at Oscar Braun Confidentiality Notice: This e-mail and any attachments are intended only for the use of the addressee named above and may contain information that is privileged and confidential. If you are not the intended recipient, any dissemination, distribution, or copying is strictly unauthorized and prohibited. If you received this e-mail in error, please immediately notify the sender by replying to this e-mail or by telephone (650.726.3307). Thank you. 54 Plus Pleasure Cove Marina Permittees Join Braun et al v. Norton Oscar,
Please find attached in pdf format the memorandum of points and authorities filed with the court to add additional plaintiffs in the pending Braun v. Norton lawsuit. The additional plaintiffs are listed on pages 3 and 4 of the document. Your cooperation and assistance in providing this information via the Pebble to the added plaintiffs will be greatly appreciated.
Best wishes and Merry Christmas.
Frank A. Iwama
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com 52 Plus Pleasure Cove Marina Permittees Join Braun et al v. Gale Norton.
Oscar,
I just received information from MLT that an answer to defendants' counter claim and request to amend plaintiffs' complaint to add other named plaintiffs has been prepared for submission and filing with the court. Merry Christmas to all.
Frank
Braun v. Norton (BOR) Update 12/9/2005
In addition to the original plaintiffs, Oscar & Andrea Braun, the following long-term permittees at Lake Berryessa Pleasure Cove Marina have requested and consented to be added as named plaintiffs in the pending litigation (complaint for declaratory and injunctive relief) against BOR:
California Watershed Posse
Chris & Lisa Murad
Richard & Valerie Amador
Todd & Wendy Anken
Gus & Gladys Greco
David & Audrey Wheeler
Scott & Kathy Jenkins
Mark Holdener
Eric McDonald
Dan & Ann Reed
Kevin Burnett
Bruce & Maryann MacDougall
Tim & Suzanne Brown
Roger & Melissa Meagor
Teresa Marshall
Don & Rhonda Dallimonti
Scott Shelley
Karl Peterson
Robert Petty
Thaddeus Krzywicki
Stan Krzywicki
Ernest Arndt & Valerie Nassis
Richard "Chick" & Adrienne Lanza
Carolyn & Norman Fernando Trust [Joe Fernando]
Jenny Skrel
Steve & Debbe Reynolds
Jim & Ione Sanders
William Luippold
Robert & Phyliss Pinkston
Thomas & Laurie Schefer
Kurt & Carol Krauthamer
Alan & Carole Bottarini
Joe Valenzuela
Frank A. Iwama
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com
Join Braun v. Norton as a Plaintiff Today! 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] 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. Frank A. Iwama Revenge of the "Trailers!" Letter to the Editor Reply: “Revenge of the Trailers” I have got to admit that nobody can even come close to spewing out totally unintelligible environmental babble and vintage BORever propaganda like Napa Sierra Club President and attorney Carol Kunze. Carol appears to be completely captivated with her new and very politically corrupt bed fellows’ BOR Commissioner John Keyes and Forever Resort billionaire Rex Maughan’s vision for Lake Berryessa. This intellectually bankrupt trio would have the uninformed public believe that “TRAILERS” can destroy Lake Berryessa’s future. So here is my response as a good neighbor: “Trailers won’t destroy Berryessa’s future”. It’s the greedy billionaire, corrupt BOR bureaucrats/commissioner and whacko Sierra Club members like Kunze that will destroy Berryessa future! Poor Ms. Kunze Op/Ed letter laments, “Unfortunately, the private site tenants (the Braun family) are doing everything they can to harass the new concessionaire (BORever Resorts) into leaving -- filing multiple complaints based on conditions that existed before they arrived, refusing to sign the site permit agreement, withholding rent, and now suing to avoid having to leave at the end of this year as they are required.” My God, she sees right though us! This crazed loose cannon named Oscar Braun and his California Watershed Posse are mounted up and leading the charge against the poor helpless BORever Mob. They’re on their way to Winters Town Hall Meeting, and then on to Federal Court, Federal Court, Federal Court. These evil Trailer’s say the FEIS is Dead On Arrival (DOA) and they will destroy the BORever FEIS Record of Decision (ROD). Come see “Revenge of the Berryessa Trailers” this Saturday Nov. 19th at the Winters High School Gym Town Hall meeting at 1pm located at 101 Grant Avenue. Be there!
|