SAN DIEGO MINUTEMEN v. CALIFORNIA BUS. TRANSP.

No. 08CV210 WQH (RBB).

570 F.Supp.2d 1229 (2008)

SAN DIEGO MINUTEMEN, an unincorporated association, Plaintiff, v. CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY'S DEPARTMENT OF TRANSPORTTION; Dale Bonner, in his official capacity as Agency Director of the California Business, Transportation and Housing Agency; Will Kempton, individually and in his official capacity as Caltrans Director; Pedro Orso-Delgado, individually and in his official capacity as Caltrans District Director; and Does 1 through 50, Defendants.

United States District Court, S.D. California.

June 27. 2008.


Attorney(s) appearing for the Case

Lowell Robert Fuselier, Kaloogian & Fuselier LLP, Carlsbad, CA, for Plaintiff.

Jeffrey R. Benowitz, State of California, Department of Transportation, San Diego, CA, for Defendants.


ORDER (1) GRANTING IN PART, AND DENYING IN PART, DEFENDANTS' MOTION TO DISMISS, AND (2) GRANTING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION

HAYES, District Judge.

Pending before the Court are Defendants' motion to dismiss (Doc. # 19) and Plaintiffs motion for a preliminary injunction (Doc. # 13). The Court heard oral argument on these matters on Friday, May 9, 2008.

PROCEDURAL BACKGROUND

On February 4, 2008, Plaintiff San Diego Minutemen...

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