Statement in Response to Aaron Greenspan's Correspondence; Declaration of Ryan Marcroft in Support by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Attachments: # (1) Exhibit A, # (2) Certificate/Proof of Service)(Marcroft, Ryan) (Filed on 6/4/2015)
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Page 1 Statement in Response to Aaron Greenspan's Correspondence; Declaration of Ryan Marcroft in Support by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Attachments: # (1) Exhibit A, # (2) Certificate/Proof of Service)(Marcroft, Ryan) (Filed on 6/4/2015): Case5:11-cv-05496-HRL Document67 Filed06/04/15 Page1 of 4
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KAMALA D. HARRIS
Attorney General of California
MARC A. LEFORESTIER
Supervising Deputy Attorney General
RYAN MARCROFT
Deputy Attorney General
State Bar No. 230952
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 323-5313
Fax: (916) 324-8835
E-mail: Ryan.Marcroft@doj.ca.gov
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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SAN JOSE DIVISION
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Think Computer Corporation,
5:11-cv-05496-HRL
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v.
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Plaintiff, DEFENDANTS’ STATEMENT IN
RESPONSE TO AARON GREENSPAN’S
CORRESPONDENCE; DECLARATION
OF RYAN MARCROFT IN SUPPORT
ROBERT VENCHIARUTTI, in his official
capacity as Deputy Commissioner of the
California Department of Financial
Institutions; WILLIAM HARAF, in his
official capacity as Commissioner of the
California Department of Financial
Institutions; TRACI STEVENS, in her
official capacity as Acting Secretary of the
California Business, Transportation and
Housing Agency; JACOB A.
APPELSMITH, in his official capacity as
Senior Advisor to the Governor of the State
of California; EDMUND G. BROWN, JR.,
in his official capacity as Governor of the
State of California; and KAMALA
HARRIS, in her official capacity as
Attorney General of the State of California,
Judge:
The Honorable Howard R.
Lloyd
Trial Date:
Not Set
Action Filed: November 14, 2011
Defendants.
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Defendants’ Response To Aaron Greenspan’s Correspondence; Declaration of Ryan Marcroft (5:11-cv-05496-HRL)Page 2 Case5:11-cv-05496-HRL Document67 Filed06/04/15 Page2 of 4
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Defendants submit this brief statement in response to the correspondence of Plaintiff
Think Computer Corporation’s (“Think”) president Aaron Greenspan, which the undersigned
received via email at approximately 10:00 p.m. on June 3, 2015. Declaration of Ryan Marcroft
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(“Marcroft Declaration”) [filed herewith] at ¶ 2, Exhibit A.
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On May 7, 2015, this Court dismissed Think’s first amended complaint in its entirety on
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the ground that all of the claims for relief were unripe for review. Docket No. 66. The Court
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granted Think 20 days leave to amend the complaint to allege facts indicating that its claims are
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ripe, and the Court ordered plaintiff to file an amended pleading “no later than May 27, 2015.”
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Id. Think did not amend the complaint. Instead, after the time for filing had passed, Think’s
president Aaron Greenspan emailed the undersigned counsel a letter addressed to the Honorable
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Howard R. Lloyd, requesting that he be permitted to file a post-judgment motion for attorney fees
on Think’s behalf, independent of counsel. 1 Marcroft Declaration, ¶ 2, Exhibit A.
The circumstances indicate that the complaint cannot be amended, and Mr. Greenspan
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apparently wishes to proceed to a post-judgment motion for attorney’s fees, which must follow
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dismissal. However, the letter is silent with respect to seeking a formal dismissal of the case.
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Accordingly, we respectfully request that the Court dismiss the case sua sponte and enter
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judgment, and the parties will then address the propriety of any post-judgment motions in due
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course.
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According to the Court’s records, Think Computer is presently represented by two law
firms, the Law Offices of Michael Brooks Carroll and Aschenbrener Law, P.C. The Law Offices
of Michael Brooks Carroll filed a notice of withdrawal as counsel, but the Court denied the
request to withdraw and it was not renewed. Docket Nos. 45 & 46. Aschenbrener Law, P.C. has
also not withdrawn from representing Think Computer.
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Defendants’ Response To Aaron Greenspan’s Correspondence; Declaration of Ryan Marcroft (5:11-cv-05496-HRL)Page 3 Case5:11-cv-05496-HRL Document67 Filed06/04/15 Page3 of 4
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Dated: June 4, 2015
Respectfully submitted,
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KAMALA D. HARRIS
Attorney General of California
MARC A. LEFORESTIER
Supervising Deputy Attorney General
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/s/ Ryan Marcroft
RYAN MARCROFT
Deputy Attorney General
Attorneys for All Defendants
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SA2011103690
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Defendants’ Response To Aaron Greenspan’s Correspondence; Declaration of Ryan Marcroft (5:11-cv-05496-HRL)Page 4 Case5:11-cv-05496-HRL Document67 Filed06/04/15 Page4 of 4
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DECLARATION OF RYAN MARCROFT
1.
I am a Deputy Attorney General and counsel of record for all Defendants. I
submit this declaration in support of the Defendants’ Statement in Response to Aaron
Greenspan’s Correspondence to the Honorable Howard R. Lloyd, dated June 3, 2015.
2.
On June 3, 2015, at 10:03 p.m., Aaron Greenspan, the president of Plaintiff Think
Computer Corporation, emailed me a letter addressed to the Honorable Howard R. Lloyd.
Attached as Exhibit A is a true and correct copy of the email from Mr. Greenspan and the letter
attachment.
I declare that the foregoing is true and correct under penalty of perjury under the laws of
the United States of America.
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Date: June 4, 2015
/s/ Ryan Marcroft
Ryan Marcroft
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Defendants’ Response To Aaron Greenspan’s Correspondence; Declaration of Ryan Marcroft (5:11-cv-05496-HRL)
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PlainSite Cover Page
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Statement in Response to Aaron Greenspan's Correspondence; Declaration of Ryan Marcroft in Support by Jacob A Appelsmith, Edmund Brown, Jr, William Haraf, Kamala Harris, Traci Stevens, Robert Venchiarutti. (Attachments: # (1) Exhibit A, # (2) Certificate/Proof of Service)(Marcroft, Ryan) (Filed on 6/4/2015): Case5:11-cv-05496-HRL Document67 Filed06/04/15 Page1 of 4
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KAMALA D. HARRIS
Attorney General of California
MARC A. LEFORESTIER
Supervising Deputy Attorney General
RYAN MARCROFT
Deputy Attorney General
State Bar No. 230952
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 323-5313
Fax: (916) 324-8835
E-mail: Ryan.Marcroft@doj.ca.gov
Attorneys for All Defendants
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9
IN THE UNITED STATES DISTRICT COURT
10
FOR THE NORTHERN DISTRICT OF CALIFORNIA
11
SAN JOSE DIVISION
12
13
Think Computer Corporation,
5:11-cv-05496-HRL
14
15
v.
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17
18
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21
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Plaintiff, DEFENDANTS’ STATEMENT IN
RESPONSE TO AARON GREENSPAN’S
CORRESPONDENCE; DECLARATION
OF RYAN MARCROFT IN SUPPORT
ROBERT VENCHIARUTTI, in his official
capacity as Deputy Commissioner of the
California Department of Financial
Institutions; WILLIAM HARAF, in his
official capacity as Commissioner of the
California Department of Financial
Institutions; TRACI STEVENS, in her
official capacity as Acting Secretary of the
California Business, Transportation and
Housing Agency; JACOB A.
APPELSMITH, in his official capacity as
Senior Advisor to the Governor of the State
of California; EDMUND G. BROWN, JR.,
in his official capacity as Governor of the
State of California; and KAMALA
HARRIS, in her official capacity as
Attorney General of the State of California,
Judge:
The Honorable Howard R.
Lloyd
Trial Date:
Not Set
Action Filed: November 14, 2011
Defendants.
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Defendants’ Response To Aaron Greenspan’s Correspondence; Declaration of Ryan Marcroft (5:11-cv-05496-HRL)
PDF Page 3
Case5:11-cv-05496-HRL Document67 Filed06/04/15 Page2 of 4
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Defendants submit this brief statement in response to the correspondence of Plaintiff
Think Computer Corporation’s (“Think”) president Aaron Greenspan, which the undersigned
received via email at approximately 10:00 p.m. on June 3, 2015. Declaration of Ryan Marcroft
4
(“Marcroft Declaration”) [filed herewith] at ¶ 2, Exhibit A.
5
On May 7, 2015, this Court dismissed Think’s first amended complaint in its entirety on
6
7
the ground that all of the claims for relief were unripe for review. Docket No. 66. The Court
8
granted Think 20 days leave to amend the complaint to allege facts indicating that its claims are
9
ripe, and the Court ordered plaintiff to file an amended pleading “no later than May 27, 2015.”
10
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Id. Think did not amend the complaint. Instead, after the time for filing had passed, Think’s
president Aaron Greenspan emailed the undersigned counsel a letter addressed to the Honorable
12
13
14
Howard R. Lloyd, requesting that he be permitted to file a post-judgment motion for attorney fees
on Think’s behalf, independent of counsel. 1 Marcroft Declaration, ¶ 2, Exhibit A.
The circumstances indicate that the complaint cannot be amended, and Mr. Greenspan
15
16
apparently wishes to proceed to a post-judgment motion for attorney’s fees, which must follow
17
dismissal. However, the letter is silent with respect to seeking a formal dismissal of the case.
18
Accordingly, we respectfully request that the Court dismiss the case sua sponte and enter
19
judgment, and the parties will then address the propriety of any post-judgment motions in due
20
21
course.
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25
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According to the Court’s records, Think Computer is presently represented by two law
firms, the Law Offices of Michael Brooks Carroll and Aschenbrener Law, P.C. The Law Offices
of Michael Brooks Carroll filed a notice of withdrawal as counsel, but the Court denied the
request to withdraw and it was not renewed. Docket Nos. 45 & 46. Aschenbrener Law, P.C. has
also not withdrawn from representing Think Computer.
1
Defendants’ Response To Aaron Greenspan’s Correspondence; Declaration of Ryan Marcroft (5:11-cv-05496-HRL)
PDF Page 4
Case5:11-cv-05496-HRL Document67 Filed06/04/15 Page3 of 4
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Dated: June 4, 2015
Respectfully submitted,
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KAMALA D. HARRIS
Attorney General of California
MARC A. LEFORESTIER
Supervising Deputy Attorney General
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/s/ Ryan Marcroft
RYAN MARCROFT
Deputy Attorney General
Attorneys for All Defendants
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SA2011103690
11901088.doc
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Defendants’ Response To Aaron Greenspan’s Correspondence; Declaration of Ryan Marcroft (5:11-cv-05496-HRL)
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Case5:11-cv-05496-HRL Document67 Filed06/04/15 Page4 of 4
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DECLARATION OF RYAN MARCROFT
1.
I am a Deputy Attorney General and counsel of record for all Defendants. I
submit this declaration in support of the Defendants’ Statement in Response to Aaron
Greenspan’s Correspondence to the Honorable Howard R. Lloyd, dated June 3, 2015.
2.
On June 3, 2015, at 10:03 p.m., Aaron Greenspan, the president of Plaintiff Think
Computer Corporation, emailed me a letter addressed to the Honorable Howard R. Lloyd.
Attached as Exhibit A is a true and correct copy of the email from Mr. Greenspan and the letter
attachment.
I declare that the foregoing is true and correct under penalty of perjury under the laws of
the United States of America.
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Date: June 4, 2015
/s/ Ryan Marcroft
Ryan Marcroft
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Defendants’ Response To Aaron Greenspan’s Correspondence; Declaration of Ryan Marcroft (5:11-cv-05496-HRL)
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