Today, there was a status hearing on Point Molate before Federal Judge Gonzalez Rogers.
Based on reports I received, she issued an order for the parties to appear in one week – Tuesday, June 28, at 1:00 p.m., in Courtroom 1 – on an order to show cause why the City should not be held in contempt. The City must either deposit a deed to Upstream/Guidiville in escrow by the date of the hearing or appear with a decisionmaker to make a showing as to why the City cannot deposit a deed for the property into escrow. Absent such a showing, the Court will hold the City in contempt. The escrow would then remain open until the injunction is dissolved in the Winehaven state court action (presumably August).
Initially the Judge explained to Plaintiffs’ counsel that the City cannot be expected to violate the state court’s TRO. However, she appeared to subsequently lose patience, reciting the history of this case as part of the exigency of moving forward on the transfer. She was undeterred. She openly pondered whether she has the authority to immediately enjoin the state court action even without a pending motion. Lastly, she repeatedly asked for the list of items that need to be addressed for closing with the Tribe and Upstream and suggested it can be done by next week.