Marilley v. McCamman et al
Filing
286
FINAL JUDGMENT on Plaintiffs' Count I. Case stayed as to Plaintiffs' Count II. Signed by Magistrate Judge Donna M. Ryu on 11/07/2013. (dmrlc1, COURT STAFF) (Filed on 11/7/2013)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
OAKLAND DIVISION
11
12
13
14
KEVIN MARILLEY; SALVATORE;
PAPETTI; SAVIOR PAPETTI, on behalf
of themselves and similarly situated,
15
16
17
18
19
Plaintiffs,
v.
CHARLTON H. BONHAM, in his official
capacity,
Case No. 11-2418 (DMR)
[PROPOSED] JUDGMENT
Fed. R. Civ. P. 54(b)
Judge: The Honorable Donna M. Ryu
Defendant.
20
21
22
23
24
25
26
27
28
______________________________________________________________________________
[PROPOSED] JUDGMENT; Case No. 11-CV-2418-DMR
1
The Court issued its “Order On Parties’ Cross Motions For Summary Judgment [Docket
2
Nos. 201. 205] And Evidentiary Motions [Docket Nos. 215, 216, 218, 219, and 227]” on
3
October 16, 2013 (Docket No. 280). The Court further issued its “Stipulated Recitals and
4
[Proposed] Determinations and Order Granting Fed. R. Civ. P. 54(b) Certification of Plaintiffs’
5
285
Count I and Staying Adjudication of Count II” (Docket No. ____). Pursuant to those Orders
6
285
(Docket No. 280 and Docket No. ____), the Court renders judgment as follows:
7
8
9
1.
Final Judgment on Plaintiffs’ Count I: Final judgment is entered pursuant to
Federal Rule of Civil Procedure 54(b) against Defendant Charlton H. Bonham, in his official
10
capacity as Director of the California Department of Fish and Wildlife, and in favor of Plaintiffs
11
on Count I of Plaintiffs’ Fourth Amended Class Action Complaint (Docket No. 69), alleging
12
violations of the Privileges and Immunities Clause of Art. IV of the United States Constitution.
13
2.
Declaratory Relief on Plaintiffs’ Count I: The Court declares that the
14
differential fees for commercial fishing licenses (California Fish and Game Code § 7852),
15
commercial boat registrations (California Fish and Game Code § 7881), Dungeness crab vessel
16
permits (California Fish and Game Code § 8280.6), and herring gill net permits (California Fish
17
and Game Code § 8550.5), which vary based on residency and which are enforced by
18
Defendant Charlton H. Bonham, in his official capacity as Director of the California
19
Department of Fish and Wildlife, violate the Privileges and Immunities Clause of Art. IV of the
20
United States Constitution.
21
3.
Injunctive Relief on Plaintiffs’ Count I: Defendant Charlton H. Bonham, in his
22
official capacity as Director of the California Department of Fish and Wildlife, is hereby
23
enjoined and restrained from enforcing California Fish & Game Code §§ 7852, 7881, 8280.6,
24
8550.5 to the extent that such provisions require nonresidents of California to pay a higher fee
25
than residents of California for the commercial fishing licenses specified in § 7852, commercial
26
boat registrations specified in § 7881, Dungeness crab vessel permits specified in § 8280.6, and
27
herring gill net permits specified in § 8550.5.
28
///
______________________________________________________________________________
[PROPOSED] JUDGMENT; Case No. 11-CV-2418-DMR
1
Entry of Judgment: The Court hereby directs the clerk of the court to enter this
final judgment in favor of Plaintiffs and the Class on Plaintiffs’ Count I as described above.
3
S
Nov. 7
Dated _______, 2013
RT
U
O
_________________________________
THE HON. DONNA M.RED
RYU
DE
United StatesO OR
Magistrate Judge
T IS S
5
6
I
7
RT
onn
Judge D
ER
10
11
A
H
9
u
a M. Ry
NO
8
R NIA
UNIT
ED
4
S DISTRICT
TE
C
TA
FO
2
4.
LI
1
N
F
D IS T IC T O
R
C
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
______________________________________________________________________________
[PROPOSED] JUDGMENT; Case No. 11-CV-2418-DMR
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?