Perretta v. Prometheus 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 PROMETHEUS DEVELOPMENT  Northern District of COMPANY, INC.; SANFORD N. California, DILLER; JOHN J. MURPHY; VICKI R. San Francisco 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 6092 PERRETTA v. PROMETHEUS DEVELOPMENT neous briefs may not exceed twenty (20) pages, and shall be due no later than June 13, 2008.

PRINTED FOR

ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.