Opinion
11-CV-2418-DMR
11-09-2011
OAKLAND DIVISION KEVIN MARILLEY, and SALVATORE PAPETTI, on behalf of themselves and similarly situated, Plaintiffs, v. JOHN McCAMMAN, in his personal and 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, Defendants.
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 Attorneys for All Defendants
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
Attorneys for All Defendants
STIPULATION AND [PROPOSED] ORDER REGARDING SUBSTITUTION OF DEFENDANT CHARLTON H. BONHAM AND DISMISSAL OF DEFENDANT KEVIN HUNTING
Judge: The Honorable Donna Ryu
Action Filed: May 18, 2011
WHEREAS on May 18, 2011, Plaintiff Kevin Marilley filed the instant action naming, inter alia, John McCamman and Kevin Hunting, in both their personal and official capacities, as defendants;
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;
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); THE PARTIES HERBY STIPULATE AND AGREE, IN ACCORDANCE WITH CIVIL LOCAL RULE 7-12, SUBJECT TO THE COURT'S APPROVAL:
1. The parties request that the Clerk reflect the changes described above where it is appropriate, including in ECF;
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);
3. The parties further request that the Clerk show Kevin Hunting as dismissed without prejudice from this lawsuit.
Respectfully submitted,
KAMALA D. HARRIS
Attorney General of California
ROBERT W. BYRNE
Supervising Deputy Attorney General
M. ELAINE MECKENSTOCK
Deputy Attorney General
Attorneys for All Defendants
GROSS LAW
STUART G. GROSS
Counsel for All Plaintiffs and Putative Class
PURSUANT TO STIPULATION, IT IS SO ORDERED,
MAGISTRATE JUDGE DONNA RYU