Gilman v. Fisher, et al

Filing 204

ORDER signed by Senior Judge Lawrence K. Karlton on 08/11/09 ORDERING the parties to submit briefing not to exceed 15 pages regarding the effect of the Ninth Circuit's grant of permission on this court's jurisdiction over this case, and reg arding the effect of that decision on the motions currently under submission. Such additional briefing shall be filed w/i 15 court days of the date of this order. The court further grants the 202 parties' stipulation of 08/05/09. Service of pr ocess of the Fourth Amended/Supplemental Complaint on behalf of the Commissioners and Deputy Commissioners in their official capacities has been completed, and responsive pleading by those dfts to the Fourth Amended/Supplemental Complaint shall be filed w/i 20 days from the Court's ruling on dft's motion to dismiss. (Benson, A.)

1 2 3 4 5 6 7 8 9 RICHARD M. GILMAN, et al., 10 NO. CIV. S-05-830 LKK/GGH 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 leave / On January 30, 2009, this court heard plaintiffs' motions for to amend, to certify a class, and for a preliminary The court v. ORDER J. DAVIS., et al., Plaintiffs, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

injunction, as well as defendant's motion to strike.

granted leave to amend and class certification (Orders of Feb. 25, 2009, Doc. 181, and March 4, 2009, Doc. 182), denied the motion to strike (Order of March 4, 2009, Doc. 183), and retained the motion for a preliminary injunction under submission. Defendants then

filed a motion to dismiss, which was heard on May 18, 2009, and which was also taken under submission. On May 28, 2009, the Ninth Circuit granted defendants'

petition for permission to appeal this court's order granting class 1

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certification.

Doc. 192, see also Ninth Circuit case no. 9-80052.

The court hereby directs the parties to submit briefing not to exceed fifteen (15) pages regarding the effect of the Ninth Circuit's grant of permission on this court's jurisdiction over this case, and regarding the effect of that decision on the motions currently under submission. Such additional briefing shall be

filed within fifteen court days of the date of this order. The court further grants the parties' stipulation of August 5, 2009, Doc. 202. Service of process of the Fourth

Amended/Supplemental Complaint on behalf of the Commissioners and Deputy Commissioners in their official capacities has been

completed, and responsive pleading by those defendants to the Fourth Amended/Supplemental Complaint shall be filed on or before 20 days from the Court's ruling on defendant's motion to dismiss. IT IS SO ORDERED. DATED: August 11, 2009.

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