Marilley v. McCamman et al

Filing 50

ORDER Regarding Substitution of Defendant Charlton H. Bonham and Dismissal of Defendant Kevin Hunting. Signed by Magistrate Judge Donna M. Ryu on 11/09/2011. (dmrlc1, COURT STAFF) (Filed on 11/9/2011)

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KAMALA D. HARRIS
Attorney General of California
ROBERT W. BYRNE
Supervising Deputy Attorney General
CECILIA L. DENNIS, SBN 201997
M. ELAINE MECKENSTOCK, SBN 268861
Deputy Attorneys General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for All Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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KEVIN MARILLEY, and SALVATORE
PAPETTI, on behalf of themselves and
similarly situated,

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v.

11-CV-2418-DMR

STIPULATION AND [PROPOSED]
ORDER REGARDING SUBSTITUTION
Plaintiffs, OF DEFENDANT CHARLTON H.
BONHAM AND DISMISSAL OF
DEFENDANT KEVIN HUNTING

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Judge:
The Honorable Donna Ryu
JOHN McCAMMAN, in his personal and
Action Filed: May 18, 2011
official capacity; DONALD KOCH 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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WHEREAS on May 18, 2011, Plaintiff Kevin Marilley filed the instant action naming, inter

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alia, John McCamman and Kevin Hunting, in both their personal and official capacities, as

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defendants;

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STIPULATION AND [PROPOSED] ORDER RE: SUBSTITUTION OF DEFENDANT CHARLTON H.
BONHAM AND DISMISSAL OF DEFENDANT KEVIN HUNTING (11-CV-2418)

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WHEREAS on September 6, 2011, Charlton H. Bonham assumed the role of Director of
the California Department of Fish and Game (“DFG”), replacing John McCamman in that official
capacity;

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WHEREAS on October 4, 2011, Plaintiffs Kevin Marilley and Salvatore Papetti voluntarily
dismissed all claims against Kevin Hunting without prejudice pursuant to Federal Rule of Civil
Procedure 41(a)(1) (Dkt. No. 40);

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THE PARTIES HERBY STIPULATE AND AGREE, IN ACCORDANCE WITH CIVIL
LOCAL RULE 7-12, SUBJECT TO THE COURT’S APPROVAL:

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1.

appropriate, including in ECF;

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2.

Specifically, the parties request that the Clerk substitute Charlton H. Bonham, in his

official capacity, for John McCamman, in his official capacity, where it is appropriate, including
in ECF, pursuant to Federal Rule of Civil Procedure 25(d);

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The parties request that the Clerk reflect the changes described above where it is

3.

The parties further request that the Clerk show Kevin Hunting as dismissed without

prejudice from this lawsuit.

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STIPULATION AND [PROPOSED] ORDER RE: SUBSTITUTION OF DEFENDANT CHARLTON H.
BONHAM AND DISMISSAL OF DEFENDANT KEVIN HUNTING (11-CV-2418)

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Dated: November 8, 2011

Respectfully submitted,

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

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_/s/ M. Elaine Meckenstock______________
M. ELAINE MECKENSTOCK
Deputy Attorney General
Attorneys for All Defendants

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Dated: November 8, 2011

GROSS LAW

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_______________________________
STUART G. GROSS
Counsel for All Plaintiffs and Putative Class

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PURSUANT TO STIPULATION, IT IS SO ORDERED,

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Dated:

November 9, 2011

_________________________________
MAGISTRATE JUDGE DONNA RYU

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STIPULATION AND [PROPOSED] ORDER RE: SUBSTITUTION OF DEFENDANT CHARLTON H.
BONHAM AND DISMISSAL OF DEFENDANT KEVIN HUNTING (11-CV-2418)