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Archives for 2012

12/21/2012

Why the FEC should investigate DISH

Cause of Action recently filed a complaint with the Federal Election Commission asking it to investigate allegations that Board Chairman of DISH Network Corporation, Charles Ergen, violated the Federal Election Campaign Act (FECA) by compelling C-level executives (CEO, CFO etc.) to contribute to various political funds, including the corporate PAC.

The objective of FECA is to regulate the influence of money on politics by requiring that contributions from executive employees to the corporate PAC be voluntary. As a result, it is illegal for a corporate PAC to solicit funds from executive employees by threatening them with physical force, job discrimination, or financial reprisals. Similarly, the corporation must inform the employees that their refusal to contribute will not carry a risk of reprisal.

In the case of Dish Network, Cause of Action is concerned that FECA laws may have been broken. By allegedly compelling executives to make political contributions by threatening their job security, DISH Network Corporation undermined the purpose of FECA, an act that, if true, shouldn’t be taken lightly.

Cause of Action has asked the Federal Election Commission to investigate these allegations. You can see our filing here.

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12/20/2012

CoA Complaint to FEC Regarding DISH Network

FEC Complaint Re DISH Network

Exhibits for FEC Complaint re: DISH

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12/18/2012

Drakes Bay Oyster Company Court Order on Scheduled Closing of Operations

117261524-2012-12-17-Order-Re-Briefing-Schedule

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12/18/2012

Drakes Bay Oyster Company Pushes Back, 90 Day Deadline Extended

FOR IMMEDIATE RELEASE                                                                                    CONTACT:

DECEMBER 18, 2012                                                   Mary Beth Hutchins or Jamie Morris

202-499-4232

Movement in Drakes Bay Oyster Company’s Push against the Government: 90 Day Deadline Is Extended

SAN FRANCISCO – The first signs of progress have come for Drakes Bay Oyster Company (DBOC) and the Lunny family in their fight against the National Park Service and Department of Interior following Sec. Kenneth Salazar’s November 29 decision that essentially shut down their business.

 

In a stipulation approved by order of the court, the Department of Justice, which is defending the government in Drakes Bay Oyster Company, et al. v. Kenneth L. Salazar, et al., conceded to requests by the DBOC attorneys as follows:

 

  1. DBOC may conduct activities involving planting and growing new oysters in the water at Drakes Estero, and will thereby avoid threatened layoffs of one-third of its employees right before the holidays.
  2. DBOC will no longer be required to remove the mobile residential units located on site and currently inhabited by Drakes Bay Oyster Company employees, thereby providing more time for those employees to look for affordable housing.
  3. DBOC now has until March 15, 2013 to complete the removal of all other personal property within the onshore area, instead of the original February 28, 2013 deadline.
  4. A hearing is set for January 25, 2013 on a request for a preliminary injunction.

 

Under the agreement, DBOC withdraws its request for a temporary restraining order that was submitted to the court last week, and instead will file a Motion for a Preliminary Injunction.

 

“While this decision brings some temporary relief for the Lunnys and their employees, the attorneys representing the best interests of DBOC know that this is only the first step in fighting against the abuse perpetrated by Secretary Salazar – at the expense of a small, family-owned and environmentally sound business,” said Dan Epstein, executive director of Cause of Action.

 

Cause of Action, Stoel Rives, Briscoe Ivester & Bazel, and SSL Law represent Drakes Bay Oyster Company.

 

To schedule an interview with Dan Epstein, Cause of Action’s Executive Director, contact Mary Beth Hutchins,  202-400-2721 or Jamie Morris, jamie.morris@causeofaction.org, at 202-499-4232.

 

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12/14/2012

Kevin Lunny on Fox & Friends


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12/13/2012

Request for Temporary Restraining Order on behalf of Drakes Bay Oyster Company

116689244-DBOC-v-Salazar-Ex-Parte-Motion-for-TRO-Proposed-Order

 

116689434-DBOC-v-Salazar-Ex-Parte-Motion-for-TRO-and-Supporting-Memorandum

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12/12/2012

Cause of Action files motion for temporary restraining order in Drakes Bay Oyster Co. case

The effort to fight Secretary of the Interior Ken Salazar’s decision to shut down Drakes Bay Oyster Company has been moving full steam ahead since the November 30 announcement.

Last week, the Lunnys, represented by Cause of Action along with Stoel Rives, LLP; SSL Law Firm, LLP, and Briscoe Ivester & Bazel LLP filed a lawsuit against the federal government and Secretary Salazar after the farm was denied the renewal of its special use permit and given 90 days to finish up all operations, shut down their business, and move off of National Park Service land.

Today, the Lunnys’ attorneys filed a motion for a temporary restraining order in hopes of providing relief for the Lunnys to operate their business while we fight this abuse of authority and bring justice for the families, the community and the company affected by this decision.

The goal of the temporary restraining order is to prevent irreparable harm, which cannot be compensated by money, from being done to the company and the oysters while the court decides whether or not the government’s decision was unlawful. Freezing time on the 90-day sentence will allow Drakes Bay to continue working until the court has reached a decision in the case.

You can find the motion here and read more on the case here.

For more updates on the case be sure to check out our newsroom.

 

As of May 24, 2013, Cause of Action no longer represents Drakes Bay Oyster Company, the Lunny family, or Dr. Corey Goodman and will be withdrawing as counsel from the litigation.

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