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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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KEVIN MARILLEY; SALVATORE;
PAPETTI; SAVIOR PAPETTI, on behalf
of themselves and similarly situated,

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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.

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______________________________________________________________________________
[PROPOSED] JUDGMENT; Case No. 11-CV-2418-DMR

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The Court issued its “Order On Parties’ Cross Motions For Summary Judgment [Docket

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Nos. 201. 205] And Evidentiary Motions [Docket Nos. 215, 216, 218, 219, and 227]” on

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October 16, 2013 (Docket No. 280). The Court further issued its “Stipulated Recitals and

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[Proposed] Determinations and Order Granting Fed. R. Civ. P. 54(b) Certification of Plaintiffs’

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285
Count I and Staying Adjudication of Count II” (Docket No. ____). Pursuant to those Orders

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285
(Docket No. 280 and Docket No. ____), the Court renders judgment as follows:

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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

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capacity as Director of the California Department of Fish and Wildlife, and in favor of Plaintiffs

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on Count I of Plaintiffs’ Fourth Amended Class Action Complaint (Docket No. 69), alleging

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violations of the Privileges and Immunities Clause of Art. IV of the United States Constitution.

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2.

Declaratory Relief on Plaintiffs’ Count I: The Court declares that the

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differential fees for commercial fishing licenses (California Fish and Game Code § 7852),

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commercial boat registrations (California Fish and Game Code § 7881), Dungeness crab vessel

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permits (California Fish and Game Code § 8280.6), and herring gill net permits (California Fish

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and Game Code § 8550.5), which vary based on residency and which are enforced by

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Defendant Charlton H. Bonham, in his official capacity as Director of the California

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Department of Fish and Wildlife, violate the Privileges and Immunities Clause of Art. IV of the

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United States Constitution.

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3.

Injunctive Relief on Plaintiffs’ Count I: Defendant Charlton H. Bonham, in his

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official capacity as Director of the California Department of Fish and Wildlife, is hereby

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enjoined and restrained from enforcing California Fish & Game Code §§ 7852, 7881, 8280.6,

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8550.5 to the extent that such provisions require nonresidents of California to pay a higher fee

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than residents of California for the commercial fishing licenses specified in § 7852, commercial

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boat registrations specified in § 7881, Dungeness crab vessel permits specified in § 8280.6, and

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herring gill net permits specified in § 8550.5.

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///
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[PROPOSED] JUDGMENT; Case No. 11-CV-2418-DMR
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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.

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Nov. 7
Dated _______, 2013

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_________________________________
THE HON. DONNA M.RED
RYU
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United StatesO OR
Magistrate Judge
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______________________________________________________________________________
[PROPOSED] JUDGMENT; Case No. 11-CV-2418-DMR
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