Blue Lake Rancheria, et al v. Morgenstern, et al.,

Filing 91

ORDER 90 on plaintiffs' 80 Motion for Leave to file First Amended Complaint and defendants' 81 Motion for Substitution of Parties signed by Judge John A. Mendez on 3/20/2015. Plaintiffs Blue Lake Rancheria, Blue Lake Rancheria Economi c Development Corp., and Mainstay Business Solutions have leave to file a First Amended Complaint which includes only the following amendments: (1) the addition of Patrick W. Henning, Jr. as a defendant in his official capacity as Director of Employm ent Development Department of the State of California; (2) the addition of David Lanier as a defendant in his official capacity as Secretary of California Labor and Workforce Development Agency, and; (3) the removal of Marty Morgenstern as a defendan t. The First Amended Complaint shall not name as a defendant any party originally named in the Complaint who has subsequently been dismissed from the action, including the State of California, the Employment Development Department, and the Doe" defendants". (Marciel, M)

1
2
3
4
5
6
7
8
9
10
11

BOUTIN JONES INC.
Robert R. Rubin, SBN 117428
[e-mail]
Michael E. Chase, SBN 214506
[e-mail]
555 Capitol Mall, Suite 1500
Sacramento, CA 95814-4603
Tel.: [phone]
Fax: [phone]
RAPPORT AND MARSTON
David J. Rapport, SBN 054384
[e-mail]
405 West Perkins Street
P.O. Box 488
Ukiah, CA 95482
[phone]
Attorneys for plaintiffs Blue Lake Rancheria, Blue Lake Rancheria Economic
Development Corp. and Mainstay Business Solutions

12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14

SACRAMENTO DIVISION

15
16

19

ORDER ON PLAINTIFFS’ MOTION FOR
LEAVE TO FILE FIRST AMENDED
COMPLAINT AND DEFENDANTS’
MOTION FOR SUBSTITUTION OF
PARTIES

Plaintiffs,

17
18

CASE NO. 2:11-cv-01124-JAM-JFM

BLUE LAKE RANCHERIA, a federally
recognized Indian Tribe, et al.,
vs.
MARTY MORGENSTERN, individually and in
his capacity as Secretary of the California Labor
and Workforce Development Agency, et al.,

20

Judge:
Courtroom:
Date:
Time:

Defendants.

21

Date of Filing:
Date of Trial:

22
23
24

Hon. John A. Mendez
6
March 11, 2015
9:30 a.m.

UNITED STATES,

25

Intervenor.

26
27
28
1
[PROPOSED] ORDER
685699.1

April 26, 2011
May 23, 2016

1

Plaintiffs’ Motion for Leave to File First Amended Complaint and Defendants’ Motion for

2

Substitution of Parties came on for hearing on March 11, 2015, at 9:30 a.m. in this Court. Counsel for

3

Plaintiffs and counsel for Defendants were in attendance and presented oral arguments on both

4

motions. Having considered the parties’ papers filed in support of and in opposition to the motions,

5

oral argument, and other pleadings and papers on file herein, the Court hereby GRANTS Plaintiffs’

6

Motion for Leave to File First Amended Complaint and DENIES Defendants’ Motion for

7

Substitution of Defendants for the reasons stated by the Court on the record at the hearing.

8
9
10

IT IS ORDERED that Plaintiffs Blue Lake Rancheria, Blue Lake Rancheria Economic
Development Corp., and Mainstay Business Solutions have leave to file in this action a First
Amended Complaint which includes only the following amendments to the Complaint:

11

1. the addition of Patrick W. Henning, Jr. as a defendant in his official capacity as Director of

12

the Employment Development Department of the State of California;

13

2. the addition of David Lanier as a defendant in his official capacity as Secretary of the

14

California Labor and Workforce Development Agency, and;

15

3. the removal of Marty Morgenstern as a defendant.

16

The First Amended Complaint shall not name as a defendant any party originally named in the

17

Complaint who has subsequently been dismissed from the action, including the State of California,

18

the Employment Development Department, and the “Doe” defendants.

19
20

IT IS SO ORDERED.

21
22
23

Dated: 3/20/2015

/s/ John A. Mendez________________

24

The Honorable John A. Mendez

25

UNITED STATES DISTRICT JUDGE

26
27
28
2
[PROPOSED] ORDER
685699.1

1
2
3
4
5
6
7
8

Approved as to form:
Kamala D. Harris
Attorney General of California
Molly K. Mosley
Supervising Deputy Attorney General
/s/ Jill Bowers
Jill Bowers
Deputy Attorney General
Attorneys for Defendants Marty Morgenstern,
Pam Harris, Jack Budmark, Talbott Smith,
Kathy Dunne, and Sarah Reece

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
[PROPOSED] ORDER
685699.1