Marilley v. McCamman et al

Filing 47

ORDER re 44 Stipulation Extending Deadline to Add Additional Plaintiffs and Granting Plaintiffs Leave to File An Amended Complaint. Signed by Magistrate Judge Donna M. Ryu on 11/08/2011. (dmrlc1, COURT STAFF) (Filed on 11/8/2011)

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Stuart G. Gross (#251019)
([e-mail])
GROSS LAW
The Embarcadero
Pier 9, Suite 100
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Counsel for Plaintiffs and the
Proposed Class

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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

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Plaintiffs,
v.
JOHN McCAMMAN, in his personal and
official capacity; Donald Koch, in his
personal and official capacity; Jim
Kellogg, in his personal and official
capacity; Richard B. Rogers, in his
personal and official capacity; Michael
Sutton, in his personal and official
capacity; Daniel W. Richards, in his
personal and official capacity; and Jack
Baylis, in his personal and official
capacity,

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Defendants.

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Case No. 11-cv-2418 (DMR)
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE TO
ADD ADDITIONAL PLAINTIFFS AND
GRANTING PLAINTIFFS LEAVE TO
FILE AN AMENDED COMPLAINT
ADDING SAVIOR PAPETTI AS AN
ADDITIONAL LEAD PLAINTIFF

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______________________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO ADD ADDITIONAL
PLAINTIFFS AND GRANTING PLAINTIFFS LEAVE TO FILE AN AMENDED COMPLAINT ADDING
SAVIOR PAPETTI AS AN ADDITIONAL LEAD PLAINTIFF; CASE NO. 11-cv-2418

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WHEREAS, in its Initial Scheduling Order, the Court set September 30, 2011 as the last
day to seek leave to add additional plaintiffs;
WHEREAS, on September 27, 2011, Plaintiff Kevin Marilley filed a First Amended
Complaint through which he added Salvatore Papetti as an additional lead plaintiff;
WHEREAS, Defendants, in their Motion to Dismiss, challenged the standing of Plaintiff

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Kevin Marilley to assert claims that arise out of the nonresident fees charged for Dungeness

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crab vessel permits, and, in their Reply In Support of their Motion to Dismiss (filed after

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Plaintiff filed his First Amended Complaint) challenged the standing of both Plaintiffs to pursue

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the crab permit claims;

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WHEREAS, Plaintiffs’ counsel declares that Savior Papetti jointly holds a Dungeness

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crab vessel permit with his father, Plaintiff Salvatore Papetti, and has since signed a retainer

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agreement with Plaintiffs’ counsel, agreeing to act as a lead plaintiff in this action, and has

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agreed to consent to a magistrate judge for all purposes;

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WHEREAS, Plaintiffs’ counsel asserts that Savior Papetti can establish standing to

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challenge the nonresident fees charged for Dungeness crab vessel permits and will do so either

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in the amended complaint or with the simultaneous filing of an affidavit; and

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WHEREAS, Defendants’ Motion to Dismiss is scheduled to be heard by the Court on

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November 3, 2011.

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THE PARTIES HEREBY STIPULATE AND AGREE, IN ACCORDANCE WITH CIVIL

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LOCAL RULES 6-2 AND 7-12, SUBJECT TO COURT APPROVAL:

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1.

The last day to file an amended complaint to add plaintiffs is extended to ten (10)

days after the Court issues a decision on Defendants’ Motion to Dismiss;

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2.

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lead plaintiff; and

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3.

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Plaintiffs shall have leave during this 10-day period to add Savior Papetti as a

Defendants’ shall have thirty (30) days to file an answer or otherwise respond

following the filing of the amended complaint adding Savior Papetti as a lead plaintiff.

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO ADD ADDITIONAL
PLAINTIFFS AND GRANTING PLAINTIFFS LEAVE TO ADD SAVIOR PAPETTI AS AN
ADDITIONAL LEAD PLAINTIFF; CASE NO. 11-cv-2418

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Dated: November 2, 2011

Respectfully submitted,
GROSS LAW

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/s/ Stuart G. Gross
STUART G. GROSS

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Counsel for Plaintiff and Putative
Class

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Dated: November 2, 2011

KAMALA D. HARRIS
Attorney General of California
ROBERT W. BYRNE
Supervising Deputy Attorney
General

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CECILIA L. DENNIS
Deputy Attorney General

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Attorneys for Defendants

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nn

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Judge D

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_________________________________
MAGISTRATE JUDGEa M. RyuM. RYU
DONNA

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DERED

O OR
IT IS S

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Dated: November 8, 2011

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R NIA

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S DISTRICT
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PURSUANT TO STIPULATION, IT IS SO ORDERED,

UNIT
ED

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F
D IS T IC T O
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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO ADD ADDITIONAL
PLAINTIFFS AND GRANTING PLAINTIFFS LEAVE TO ADD SAVIOR PAPETTI AS AN
ADDITIONAL LEAD PLAINTIFF; CASE NO. 11-cv-2418

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