Marilley v. McCamman et al

Filing 42

ORDER to File Supplemental Briefing re 16 MOTION to Dismiss. Supplemental briefing due 10/31/2011. Signed by Magistrate Judge Donna M. Ryu on 10/25/2011. (dmrlc1, COURT STAFF) (Filed on 10/25/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN MARILLEY, et al.,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C-11-02418 DMR
ORDER TO FILE SUPPLEMENTAL
BRIEFING

v.

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JOHN MCCAMMAN, et al.,

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Defendants.
___________________________________/

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On July 25, 2011, the parties filed a stipulation and proposed order regarding a proposed

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briefing schedule on Defendants’ Motion to Dismiss the complaint. The proposed order was entered

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on August 8, 2011 [Docket No. 7]. On August 22, 2011, Defendants filed their Motion to Dismiss

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the complaint [Docket No. 16]. After Defendants filed their motion, Plaintiffs filed their First

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Amended Complaint (“FAC”) [Docket No. 33]. In Defendants’ reply brief, which is based upon the

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FAC, Defendants appear to have raised a factual attack on jurisdiction pursuant to Federal Rule of

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Civil Procedure 12(b)(1) with respect to Plaintiffs’ standing to pursue claims based upon the

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Dungeness crab vessel permit fees. (Defs.’ Reply 3-7.) Accordingly, the court orders Plaintiffs to

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present an affidavit or other evidence necessary to satisfy their burden of establishing subject matter

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jurisdiction. See Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). In addition,

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Plaintiffs shall provide argument, limited to two pages in length, regarding Plaintiffs’ standing to

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pursue claims based upon the Dungeness crab vessel permit fees. Plaintiffs’ brief and all

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attachments thereto shall be submitted by no later than October 31, 2011.

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United States Magistrate Judge

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For the Northern District of California

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United States District Court

M. Ryu

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onna
Judge D
DONNA M. RYU

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NO

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Dated: October 25, 2011

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IT IS SO ORDERED.

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