DBD 7.1.08 A Hearing?
There is a hearing today on something. Oaktown thinks it is merely for scheduling the next few weeks before the 7.22.08 hearing. We shall see. I mean we won't, because we work and can't take time off for a hearing. But if we hear anything, we will be sure to pass it along.
Olympic News:
Cal gets representation on the men's water polo team.
via grfx.cstv.com
Cal gets representation on the women's water polo team, too!
via grfx.cstv.com
And we're in the rowing team, too!
via grfx.cstv.com
A new women's b-ball assistant coach. Here is the tagline:
Hoover Named Assistant Coach at California
One of the 50 greatest players in ACC history joins the Bears staff
Well, that sounds pretty good to me!
Here's the Daily Planet's story on yesterday's Court Hearing on the tree-sitters. I love this part:
Though attorneys for the treesitters asked Alameda County Superior Court Judge Richard Keller to order supplies sent up to the remaining protesters at the Memorial Stadium grove, the judge said they could get food and water simply by obeying his restraining order and coming down from the trees.
While his restraining order against the tree-sitters and their allies remains in force, Keller said, “The university shall take such precautions as are reasonably needed to prevent endangering the lives or safety of others.”
But, the jurist said, he wasn’t ordering food and water because “that is something totally and completely within” the control of the treesitters.
This whole article is full of goodies:
Simpich had argued that denial of food and water was tantamount to torture and compared to the treesitters to prisoners. But Judge Keller said the analogy was false because treesitters weren’t prisoners and were free to come down any time they wanted.
But he rejected Simpich’s argument that denial of food and water, which the lawyer said could cause effects that could lead to lack of judgment that could endanger the treesitters, was something that should be included in his order.
On the list of incontrovertible facts he cited: the university’s right to control its own property was foremost, followed by the refusal of the treesitters to obey orders he had issued previously calling on them to vacate the trees.
Anybody else just splooge everywhere? Because I sure like fuck did!
Gabrielle Silverman (“my treesitter name is millipede”) sat in court for Monday morning’s hearing. She was the first treesitter forcibly extracted from the branches last Tuesday.
“I’m very disappointed in the judge,” she said.
Me too, Millipede. Me too. I can't believe he wasted tax payer money listening to you. *sigh*
Dump Away!
The opinions expressed in a FanPost are not necessarily those of the California Golden Blogs or any of its authors. However, they are just as important as the opinions of any of the authors. And doubly so as compared to TwistNHook!
0 recs |
28
comments
Read Related
Comments
Recruiting
One of the best defensive backs in the country, Devon Kennard, has announced that he is now only considering (in no particular order) Arizona State, Cal, UCLA, USC, and Texas. He would be a HUGE pickup for Tedford’s weak defensive line (he had 24.5 sacks last year). And UCLA picked up a nice offensive lineman named Greg Capella.
by RollOnYouBears667 on Jul 1, 2008 1:20 PM PDT 0 recs
Oh and Josh Nunes (the guy who wanted to do Engineering at the Furd or Cal) committed to… Tennessee? What the fuck?
In other words, Go Bears!
by royrules22 on Jul 1, 2008 1:56 PM PDT 0 recs
It's actually old news
that he wasn’t going to be coming to Cal. May 27, from ESPN:
I wanted to reduce the number to five schools but, after long consideration, at this time the best I could do is eight. It somehow feels uncomfortable because I would be blessed and fortunate to play for all the schools that have offered me a scholarship.
However, I feel I owe the schools that are not in my top eight the respect to continue their QB recruiting with the same respect they have given me. I have had great conversations and relationships with all the schools who have offered me and it was a very hard decision. However, I have known for several weeks of my selection, and I am very confident in my top eight that I have chosen at this time.Out of the schools that have currently offered me, my top eight schools in alphabetical order are ASU, BYU, Florida, Harvard, Nebraska, Oklahoma, Stanford and Tennessee. If I am unable to make my final decision soon, I plan on taking my five official visits to assist me in making my decision. I look forward to doing more research on the schools I’ve narrowed it down to and continuing the process.
And then he commited to Tennessee a week ago, yeah. It was surprising, but for an All-American that was considering Harvard, I guess nothing can be a surprise.
by RollOnYouBears667 on
Jul 1, 2008 2:19 PM PDT
up
0 recs
ASU and Harvard on the same list?!?!?
What is this guy looking for? What could those two schools possibly have in common that interests him?
So, basically, you gotta Go Bears!
by ragnarok on
Jul 1, 2008 2:53 PM PDT
up
0 recs
Nunes wasn't coming to Cal the moment Bridgford committed
I think Cal is only taking 1 QB this year, and Bridgford took that spot. Even if Cal was taking 2 QBs, I don’t think Nunes would put himself in a situation where he committed to a school that also had another top QB commit.
I <3 Longshore
by HydroTech on
Jul 1, 2008 2:41 PM PDT
up
0 recs
I don't think thats true
Bridgford can’t be classified as “Top QB”, either. Number 14 QB in a recruiting class would theoretically amount to top ~50 QBs in the nation. So no, not a top recruit. But Nunes would have started at Berkeley. And he will start at Tennessee, eventually. And if Tedford had only wanted one QB, he would have gone after one or the other, but I doubt he would have gone for both. And Nunes would beat out Bridgford for a starting spot in 5 seconds. Nunes has the potential to be a star, but Bridgford is a second-stringer at best.
by RollOnYouBears667 on
Jul 1, 2008 4:33 PM PDT
up
0 recs
GreyBear has another one of his court recaps from this morning’s hearing.
First, the hard news on the schedule: plaintiffs’ documents are due July 11th, UC’s on the 15th, and the hearing will occur two days later.
Interesting (when the plaintiffs asked for a date in August, instead of July):
“I’m not sure I understand,” said the Judge. “Aren’t we now down to just a few very specific issues? Why is so much time needed?”“Your Honor,” said Volker, “We see a far different reality.”
(This may be the one statement that every observer can agree on.)
I, honestly, am not sure what to make of this. By all accounts, this seems to be a successful hearing. The 7.22 hearing date appears to be moved up (which is good). The judge appears to be discounting the plaintiff’s “reality,” which is always a fucking good thing.
But you never know. And now the plaintiffs are now trying a seismic safety tack, which is completely and totally divorced from reality. But who knows whether they can try to get more delays?
The realist might say “Great day this morning!” The Cal fan says “sigh” May the realist win!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on Jul 1, 2008 2:58 PM PDT 0 recs
So has this all boiled down to the Ps just trying to slow things down and inflict as much monetary damage to the UC as possible since they know they can’t win?
I <3 Longshore
by HydroTech on
Jul 1, 2008 3:00 PM PDT
up
0 recs
Wasn’t it inevitably all about that anyway?
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jul 1, 2008 3:13 PM PDT
up
0 recs
Greybear is the man
1) Volkler wants to delay in order to prep the preemptive appeal. As Rossmann pointed out, the Plaintiffs have the right to appeal based on procedure mistakes before Millers ruling is finalized, therefore making Miller’s ruling moot until after the appeal is heard. Rossmann says if Miller’s ruling is finalized, it’s all over. So, Volkler is going to ask for more time.
Of course, if they can’t get a new injunction along with the appeal, then the appeal actually helps us b/c we can use it as leverage.
2) Arguing over the grade beam only changes the timing. The only thing Volkler can force us to do is to re-include the grade beam and then value the CMS. But we know we still win with valuation argument as well. We only tossed the grade beam to break ground asap.
So its a question of breaking ground asap w/o the grade beam, or a few months down the road after the valuation is done. In the end they no longer have a case. They’re best bet is just to “pay to delay” via Rossmann’s appeal.
by danzig on
Jul 1, 2008 3:37 PM PDT
up
0 recs
The only thing that would frustrate me is pushing back the breaking of the ground. That’s the key here, because it will help INFINITELY towards keeping Tedford and improving Cal sports. Whether or not there is another lawsuit going on while this whole thing is built doesn’t seem as important.
So, even though our worst case scenario is a “few months down the road” as you have put it, it would bring me great frustration for this show to continue on. Just another example of Cal snatching defeat from the jaws of victory.
However, it looks strongly like the judge is seeing through all this. For all of Volker’s machinations and protestations, she actually moved the date up. Judges are human beings. She’s not stupid. Please, may this end on July 17th. Please. Please. Please. Please. Please. Please. Please. Please. Please. Please.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jul 1, 2008 3:42 PM PDT
up
0 recs
I just checked Domain Web (which Alameda TOTALLY upgraded! Go them!) and they have Cal’s Order Shortening Time there (to move the hearing up from the 22nd). I’m not sure if it’s already been discussed here before in UC’s filings or not.
But they have the 8th as the date for the Plaintiffs to respond to UC’s new Order Modifying the Injunction, the 11th as the UC’s opportunity to respond and then, the hearing on the 15th. The judge set: 11th, 15th, and 17th. So, that’s not that far off of what UC was asking for, if I understand this correctly. Another good sign.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jul 1, 2008 3:51 PM PDT
up
0 recs
What to look for
That’s great news! Tick tock, time is running out for them.
Everone…whenever any one of you checks the website can you look for the following keywords:
1) interlocutory appeal - this is the type of appeal Rossmann is suggesting. This is a appeal to decide an issue which cannot be resolved on the facts in the case, but whose resolution is essential to a final decision in the case. aka procedural delay BS.
2) the word “appellate” – The appellate court has the ability to step in and rule on a interlocutory appeal before Miller’s ruling becomes final. In short, the appellate court can delay the ruling.
Either of these key words would indicate an attempt at the “Rossmann Delay”.
by danzig on
Jul 1, 2008 4:16 PM PDT
up
0 recs
Without getting into a legal thesis
interlocutory appeals are truly rarely granted and even more rarely won. The requirements for a court to grant review (consider) of an interlocutory appeal are very strict and right off the bat this case does not meet at least 2 of 3: (1) the matter appealed would not be collateral to the merits of the case but would be based on the merits; and (2) there is a mechanism for review of the jduge’s decision, namely a regular appeal after final judgment. A simple example of a collateral issue is whether a person living in Thailand has standing to sue a California corporation in California court for X reason.
As others have pointed out, Rossman is interested in getting paid and getting publicity because no lawyer would reasonably take on such an appeal without saying there is virtually no chance of having review granted by an appellate court. Anyone who says otherwise is not living in this world.
P.S. I’m glad the Judge shortened the briefing dates on the Motion to Modify Injunction.
by oaktownmario on
Jul 2, 2008 12:06 AM PDT
up
0 recs
Cal makes Devon Kennard's Top 5
The #1 DE recruit in the nation lists Cal as one of his top 5 schools:
Cal: “Part of why I am really looking at them is because they want me to play a new position. They want me to play a Buck linebacker/defensive end position where I would blitz and drop into coverage.”
FYI, “buck” is the weakside middle linebacker in a 3-4.
I <3 Longshore
by HydroTech on Jul 1, 2008 3:10 PM PDT 0 recs
Hippies Get Ridiculous
Not that they weren’t already. But anyway, A PICTURE BOOK????
Titled “[save oaks] call for photos – “Save the Oaks in Pictures” book forthcoming…”
Dear friends of Memorial Oak Grove,Two of the grove’s long-time photographers – Matthew Taylor and David Wallace – want to organize and publish a photo book documenting the history of the treesit and the campaign to Save the Oaks.
We want YOU to contribute to this project!
We need:
- Photo submissions!! The more, the better. Whatever you’ve got!
- Photoshop work – processing, color correction, prepress
- Graphic design/page layout
- Printing/Publishing connections (we need to find a good printer and/or a publisher!)
- Help with marketing, sales, distribution
- Website creation
- Financial donations to pay for all of the above.
If you wish to contribute, please send an email to:
savetheoaksinpictures@gmail.com
You can also call Matthew at 510 684 7233, although email is preferred initially.
We envision the book covering the entire course of this campaign, from the first rallies on sproul plaza through the tree-sit. The photos would be accompanied by brief but powerful text explaining the events including moving quotes.
We are looking for photos of individuals, the grove, the treesitters, the people who love the trees, the wildlife that passes through the grove… Whatever else your cameras have captured these past 20 months…. And historical photos of the area including the stadium, its construction, and the canyon before there was a stadium…
If you are financially able to support publication of this book, please email us. We are seeking to raise the funds needed to pay for printing.
Thank you for your time and interest…
Sincerely,
Matthew and David
savetheoaksinpictures@gmail.comPS – For those who are interested, Matthew is planning to write a text-focused book as well, which would explore the campaign in depth… Feel free to email if you are interested in contributing to that project…
by RollOnYouBears667 on Jul 1, 2008 4:35 PM PDT 0 recs
I cannot WAIT to see that text-focused book. Protest Shooter noted that Matthew Taylor (who I am guessing is this Matthew) is a professional activist. It all becomes clear. Activist it up a bit. Then, write a book, make money, capitalism-style! Also, Matthew has given his phone number, so there you go.
Maybe we should try to submit some of the photos we’ve taken of the battles at the grove.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jul 1, 2008 4:41 PM PDT
up
0 recs
If the Long Bo doesn't get in that picture book
it’s completely unworth any amount of money. Again, not that it is worth any amount of money anyway.
Is “unworth” a word?
by RollOnYouBears667 on
Jul 1, 2008 4:43 PM PDT
up
0 recs
When has that stopped us bloggers before?
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jul 1, 2008 5:08 PM PDT
up
0 recs
Let them have gotase, tubgirl, lemon party, and all other 4chan crap
In other words, Go Bears!
by royrules22 on
Jul 1, 2008 4:44 PM PDT
up
0 recs
Sure, we could give them goatse, tubgirl, etc...
But don’t they already have the most horrifying picture of all? Dumpy Muff?
If that’s not enough, they also have all the pictures from when people who haven’t showered this decade rolled around naked on the ground, so there’s probably a replica of at least one of those (my money is on tubgirl) already in the picture book.
I kissed Dumpster Muffin and I liked it. The taste of her hippie chapped lips.
by Maharg on
Jul 2, 2008 8:14 AM PDT
up
0 recs
oh yes, the Berkeley Daily Planet is back and better than ever. I always look forward to what they have to say. I especially look forward to their article on today’s hearing.
Here is their article on the Council meeting yesterday. Excerpts:
Acting City Attorney Zach Cowan told the Planet on Tuesday that the council did vote in closed session to write a letter to university officials urging them to allow the tree-sitters adequate food and water, to be supplied by "designated neutral clergy persons."The vote to send the letter was 5-0-2, with Mayor Tom Bates and Councilmember Gordon Wozniak abstaining and councilmembers Betty Olds and Darryl Moore absent.
I feel as if many of these people’s comments are mistatements of truth.
Mary Rose Kaczorowsky told the council that since the university project is "changing and morphing," the university should be required to do a new environmental review.Michael Kelly, a member of the Panoramic Hill Association, a co-plaintiff with the city against the UC gym project, added that for more than two years the university has said the beam is important for safety reasons. "Now we hear it is for cosmetic reasons," he added.
Some said that another reason the city should appeal an adverse decision is that the university did not adequately study alternative sites as CEQA requires.
UC Berkeley student Matthew Taylor said the university should have studied Maxwell Field, between the Greek Theater and the stadium, as an alternative. "It was never studied in the environmental report," Taylor said.
I like how one person proposes UC offer the tree-sitters the diet of a horse. Even the supporters think the tree-sitters are just animals. The end of this quote is epic:
University officials promised to give the tree-sitters 1,000 calories a day, according to tree-sit supporter Gianna Ranuzzi. "Yesterday they said we could bring packaged food," she told the council, arguing that the people in trees needed fresh fruit and vegetables—"apples and celery," she said.Terry O’Brien said he feared for the life of the tree sitters. Last week, "I saw extreme violence," he said, referring to UC police and arborists’ interactions with the tree-sitters. The crime of trespassing should not be met with mortal harm, he said.
"It’s pathetic that the university is trying to starve out these young people," said Martha Nicoloff. "I think Max [Councilmember Max Anderson] made it clear—these young people are saints."
SAINT DUMPSTER MUFFIN! I shall pray to you and your GodPod all the time, dearest Saint Dumpster Muffin
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on Jul 1, 2008 4:55 PM PDT 0 recs
this article makes me want to puke
... i also don’t know how many times i can roll my eyes at various statements. I’m glad the judge used reality and common sense to evaluate the situation.
by danzig on
Jul 1, 2008 9:54 PM PDT
up
0 recs
It’s the greatest thing evair. If you don’t think I’m already working on a 1,001 Saint Dumpster Muffin bits, you are mistaken!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jul 1, 2008 10:00 PM PDT
up
0 recs
now that’s a headline i can get behind
So, basically, you gotta Go Bears!
by ragnarok on
Jul 1, 2008 8:51 PM PDT
up
0 recs



















