Marilley v. McCamman et al

Filing 67

ORDER re 65 Stipulation GRANTING Plaintiffs Leave to File a Fourth Amended Complaint. The proposed Fourth Amended Complaint attached as Exhibit A to the Stipulation 65 shall be deemed filed as of the date of this Order. As stipulated, Defendants shall have 7 days following entry of this Order to respond to the Fourth Amended Complaint. Signed by Magistrate Judge Donna M. Ryu on 01/06/2012. (dmrlc1, COURT STAFF) (Filed on 1/6/2012)

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Stuart G. Gross (#251019)
([e-mail])
Jared M. Galanis (#23859)
([e-mail])
GROSS LAW
The Embarcadero
Pier 9, Suite 100
San Francisco, CA 94111
t [phone]
f [phone]

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Counsel for Plaintiffs and
Proposed Class

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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

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v.

Case No. 11-2418 (DMR)
STIPULATION AND [PROPOSED]
ORDER GRANTING PLAINTIFFS
LEAVE TO FILE A FOURTH
AMENDED COMPLAINT

CHARLTON H. BONHAM, in his official
capacity,

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Defendant.

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFFS LEAVE TO FILE A FOURTH
AMENDED COMPLAINT; Case No. 11-2418

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WHEREAS, on December 7, 2011, Plaintiffs Kevin Marilley, Salvatore Papetti, and
Savior Papetti (collectively, “Plaintiffs”) filed a Third Amended Complaint;
WHEREAS, Plaintiffs have propounded requests for production of documents upon
Defendant;

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WHEREAS, based upon the documents that were produced by Defendant in response

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and reviewed by Plaintiffs, Plaintiffs have determined that there are members of the proposed

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class who reside outside of the United States;

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WHEREAS, in light of this determination and the nature of the claims brought by

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Plaintiffs on behalf of the proposed class, Plaintiffs have determined the class definition,

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described in Paragraph 18 of the Third Amended Complaint, should be modified to read as

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follows: “All individuals residing in the United States who, during the period beginning on

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May 18, 2009 through present (‘Class Period’), purchased or renewed a California commercial

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fishing license, permit, or registration, and were required to pay a non-resident fee in connection

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with such purchase or renewal”;

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WHEREAS, the proposed Fourth Amended Complaint does not otherwise differ from
the Third Amended Complaint; and
WHEREAS, Defendant is required to respond to the Third Amended Complaint on

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January 6, 2012;

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IT IS HEREBY STIPULATED AND AGREED, subject to court approval, by and between the

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undersigned counsel on behalf of the parties as follows:

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1.

Plaintiffs are granted leave to file a Fourth Amended Complaint, a copy of which

is attached hereto as Exhibit A;
2.

Defendant shall have seven (7) days following entry of this order by the Court to

respond to the Fourth Amended Complaint; and
3.

In the event the Court denies Plaintiffs leave to file a Fourth Amended

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Complaint, Defendant shall have seven (7) days from the Court’s order denying such request to

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respond to the Third Amended Complaint.

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFFS LEAVE TO FILE A FOURTH
AMENDED COMPLAINT; Case No. 11-2418

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Dated: January 5, 2012

Respectfully submitted,

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GROSS LAW

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/s/ Stuart G. Gross
STUART G. GROSS

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Counsel for Plaintiffs and
Proposed Class

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Dated: January 5, 2012

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

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/s/ Cecilia L. Dennis
CECILIA L. DENNIS
Deputy Attorney General

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Attorneys for Defendants

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PURSUANT TO STIPULATION, IT IS SO ORDERED,

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Dated: January 6, 2012
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_________________________________
MAGISTRATE JUDGE DONNA RYU

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFFS LEAVE TO FILE A FOURTH
AMENDED COMPLAINT; Case No. 11-2418

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ATTESTATION REGARDING SIGNATURES

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Pursuant to this Court’s General Order 45, section X(B), I hereby attest that I have

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obtained concurrence in the filing of this Stipulation and Proposed Order from the other

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signatory.

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Dated: January 5, 2012

GROSS LAW

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/s/ Stuart G. Gross
Stuart G. Gross

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______________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFFS LEAVE TO FILE A FOURTH
AMENDED COMPLAINT; Case No. 11-2418