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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 KEVIN MARILLEY, et al., 11 For the Northern District of California United States District Court 10 12 Plaintiff, No. C-11-02418 DMR ORDER TO FILE SUPPLEMENTAL BRIEFING v. 13 JOHN MCCAMMAN, et al., 14 Defendants. ___________________________________/ 15 16 On July 25, 2011, the parties filed a stipulation and proposed order regarding a proposed 17 briefing schedule on Defendants’ Motion to Dismiss the complaint. The proposed order was entered 18 on August 8, 2011 [Docket No. 7]. On August 22, 2011, Defendants filed their Motion to Dismiss 19 the complaint [Docket No. 16]. After Defendants filed their motion, Plaintiffs filed their First 20 Amended Complaint (“FAC”) [Docket No. 33]. In Defendants’ reply brief, which is based upon the 21 FAC, Defendants appear to have raised a factual attack on jurisdiction pursuant to Federal Rule of 22 Civil Procedure 12(b)(1) with respect to Plaintiffs’ standing to pursue claims based upon the 23 Dungeness crab vessel permit fees. (Defs.’ Reply 3-7.) Accordingly, the court orders Plaintiffs to 24 present an affidavit or other evidence necessary to satisfy their burden of establishing subject matter 25 jurisdiction. See Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). In addition, 26 Plaintiffs shall provide argument, limited to two pages in length, regarding Plaintiffs’ standing to 27 pursue claims based upon the Dungeness crab vessel permit fees. Plaintiffs’ brief and all 28 attachments thereto shall be submitted by no later than October 31, 2011. S United States Magistrate Judge 8 9 10 11 For the Northern District of California ER H 7 United States District Court M. Ryu R NIA onna Judge D DONNA M. RYU RT 6 NO 5 Dated: October 25, 2011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 A 4 FO 3 DERED O OR IT IS S LI IT IS SO ORDERED. UNIT ED 2 RT U O 1 S DISTRICT TE C TA N D IS T IC T R OF C

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