United States v. 2008-05-23 | 06-15526 | Perretta Vprometheus Developement Company, Inc |…

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 LOUIS A. PERRETTA, JR.; FRANK
PERRETTA, No. 06-15526
Plaintiffs-Appellants, D.C. No.
v. CV-05-02987-WHA
Northern District of  PROMETHEUS DEVELOPMENT California,COMPANY, INC.; SANFORD N. San FranciscoDILLER; JOHN J. MURPHY; VICKI R.
MULLINS, ORDER
Defendants-Appellees. 
Filed May 23, 2008
Before: David R. Thompson and Milan D. Smith, Jr.,
Circuit Judges, and William Q. Hayes,* District Judge.
ORDER
The Defendants-Appellees’ motion to file a reply is
GRANTED.
The Defendants-Appellees’ Petition for Panel Rehearing is
GRANTED. The opinion dated March 27, 2008, is with-
drawn.
The court requests supplemental briefing by the parties
regarding the applicability of the ratification provision of Cal.
Corp. Code § 16103(b)(3) to the issue of whether the vote in
this case was sufficient to ratify the transaction. The simulta-
*The Honorable William Q. Hayes, United States District Judge for the
Southern District of California, sitting by designation.
6091

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neous briefs may not exceed twenty (20) pages, and shall be
due no later than June 13, 2008.
6092 PERRETTA v. PROMETHEUS DEVELOPMENT

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