Hines v. California Public Utilities Commission

Filing 74

ORDER by Judge Edward M. Chen Re 73 Plaintiff's Motion for Enlargement of Time. (emcsec, COURT STAFF) (Filed on 5/13/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DONNA HINES,

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For the Northern District of California

United States District Court

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No. C-10-2813 EMC

Plaintiff,
ORDER RE PLAINTIFF’S MOTION
FOR ENLARGEMENT OF TIME

v.
CALIFORNIA PUBLIC UTILITIES
COMMISSION, et al.,

(Docket No. 73)

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Defendants.
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___________________________________/
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Currently pending before the Court is Ms. Hines’s motion for an enlargement of time. To the

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extent Ms. Hines seeks to continue the case management conference (“CMC”), currently set for May

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18, 2011, the request is DENIED. Even if Ms. Hines wishes to amend her complaint to include

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allegations regarding adverse employment actions that took place after December 3, 2009, that is no

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reason to delay the CMC. However, to the extent Ms. Hines seeks only additional time to file a

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statement for the CMC on May 18 (a joint CMC statement was supposed to be filed a week earlier),

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the Court GRANTS the request for relief. Ms. Hines shall have until May 16, 2011, to file a CMC

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statement.1

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Finally, the Court notes that, in her motion, Ms. Hines has also asked for clarification of the

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Court’s November 24, 2010, order. See Docket No. 30 (order). In the order, the Court allowed Ms.

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Hines to plead in an amended complaint (1) a violation of §§ 15(a)(1) and 18(a) of the Securities

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The individual defendants have already filed a separate statement.

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Exchange Act and (2) violation of 42 U.S.C. §§ 1983 and 1985. Ms. Hines notes that, in her

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document captioned “Counts to Individual Capacity Suits,” she actually identified violations of not

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only §§ 15(a)(1) and 18(a) of the Securities Exchange Act but also § 20 of the Act. Ms. Hines states

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that she is “uncertain if the omission was intentional or, perhaps administrative error.”

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Ms. Hines is correct that she referenced § 20 in the document “Counts to Individual Capacity

U.S.C. § 78t (titled “Liability of controlling persons and persons who aid and abet violations”); see

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also Dellastatious v. Williams, 242 F.3d 191, 194 (4th Cir. 2001) (noting that “Section 20(a) of the

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Securities Exchange Act of 1934, 15 U.S.C. § 78t(a), provides for derivative liability of persons who

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‘control’ those who are primarily liable under the Exchange Act”). Based on the factual allegations

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For the Northern District of California

Suits.” Section 20, however, provides only for derivative liability for violations of the Act. See 15

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United States District Court

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that she has made to date, Ms. Hines seems to claim that the individual defendants are directly

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liable, not indirectly liable. Thus, at this juncture, the Court shall not amend its prior order and Ms.

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Hines is not permitted to amend her complaint to add a § 20 claim to her complaint.

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This order disposes of Docket No. 73.

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IT IS SO ORDERED.

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Dated: May 13, 2011

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_________________________
EDWARD M. CHEN
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DONNA HINES,

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Plaintiff,
v.
CERTIFICATE OF SERVICE

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For the Northern District of California

United States District Court

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No. C-10-2813 EMC

CALIFORNIA PUBLIC UTILITIES
COMMISSION, et al.,

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Defendants.
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___________________________________/
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I, the undersigned, hereby certify that I am an employee in the U.S. District Court, Northern

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District of California. On the below date, I served a true and correct copy of the attached, by placing

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said copy/copies in a postage-paid envelope addressed to the person(s) listed below, by depositing

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said envelope in the U.S. Mail; or by placing said copy/copies into an inter-office delivery

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receptacle located in the Office of the Clerk.

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Donna Hines
268 Bush Street, #3204
San Francisco, CA 94104
415-205-3377

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Dated: May 13, 2011

RICHARD W. WIEKING, CLERK

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By:

/s/ Leni Doyle
Leni Doyle
Deputy Clerk