Perretta, et al v. Prometheus Develop, et al

Filing 920080523


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LOUIS A. PERRETTA, JR.; FRANK PERRETTA, Plaintiffs-Appellants, v. PROMETHEUS DEVELOPMENT COMPANY, INC.; SANFORD N. DILLER; JOHN J. MURPHY; VICKI R. MULLINS, Defendants-Appellees. No. 06-15526 D.C. No. CV-05-02987-WHA Northern District of California, San Francisco ORDER Filed May 23, 2008 Before: David R. Thompson and Milan D. Smith, Jr., Circuit Judges, and William Q. Hayes,* District Judge. ORDER The Defendants-Appellees' motion to file a reply is GRANTED. The Defendants-Appellees' Petition for Panel Rehearing is GRANTED. The opinion dated March 27, 2008, is withdrawn. The court requests supplemental briefing by the parties regarding the applicability of the ratification provision of Cal. Corp. Code 16103(b)(3) to the issue of whether the vote in this case was sufficient to ratify the transaction. The simulta*The Honorable William Q. Hayes, United States District Judge for the Southern District of California, sitting by designation. 6091 6092 PERRETTA v. PROMETHEUS DEVELOPMENT neous briefs may not exceed twenty (20) pages, and shall be due no later than June 13, 2008. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2008 Thomson Reuters/West.

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