Timec Company, Inc. et al v. Brown et al

Filing 16

STIPULATION and ORDER 9 signed by Judge John A. Mendez on 1/31/2014 GRANTING intervention to State Building and Construction Trades Council of California, AFL-CIO. (Marciel, M)

Download PDF
1 2 3 4 5 6 7 8 9 FREDRIC D. WOOCHER (SBN 96689) RACHEL A. DEUTSCH (SBN 275826) STRUMWASSER & WOOCHER LLP 10940 Wilshire Boulevard, Suite 2000 Los Angeles, California 90024 Telephone: (310) 576-1233 Facsimile: (310) 319-0156 E-mail: fwoocher@strumwooch.com rdeutsch@strumwooch.com Attorneys for Proposed Intervenor State Building and Construction Trades Council of California, AFL-CIO UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 TIMEC COMPANY, INC., dba TRANSFIELD SERVICES; PETROCHEM INSULATION, INC.; SSP INDUSTRIAL RECLAMATION, a California joint venture, dba PLANT RECLAMATION; ANTHONY GILLISPIE; and RODOLFO LOPEZ, Plaintiffs, v. EDMUND G. BROWN, in his official capacity as Governor of the State of California; KAMALA HARRIS, in her official capacity as Attorney General for the State of California; CHRISTINE BAKER, in her official capacity as Director of the California Department of Industrial Relations; DIANE RAVNIK, in her official capacity as the Chief of the California Division of Apprenticeship Standards; MATT RODRIGUEZ, in his official capacity as California Secretary for Environmental Protection; CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, Defendants. STATE BUILDING AND CONSTRUCTION TRADES COUNCIL OF CALIFORNIA, AFL-CIO, 27 Intervenor. 28 Printed on Recycled Paper TIMEC COMPANY, INC., ET AL V. EDMUND G. BROWN, ET AL [PROPOSED] ORDER GRANTING INTERVENTION CASE NO.: 2:13-CV-02521-JAM-DAD CASE NO. 2:13-CV-02521 JAM DAD ORDER GRANTING INTERVENTION TO STATE BUILDING AND CONSTRUCTION TRADES COUNCIL OF CALIFORNIA, AFL-CIO 1 Pursuant to the Stipulation Regarding Intervention of State Building and Construction 2 Trades Council of California, AFL-CIO, filed in this action by Plaintiffs Timec Company, 3 Inc., dba Transfield Services; Petrochem Insulation, Inc.; SSP Industrial Reclamation, a 4 California Joint Venture, dba Plant Reclamation; Anthony Gillispie; and Rodolfo Lopez 5 (collectively, “Plaintiffs”); Defendants Edmund G. Brown, in his official capacity as Governor 6 of the State of California; Kamala Harris, in her official capacity as Attorney General for the 7 State of California; Christine Baker, in her official capacity as Director of the California 8 Department of Industrial Relations; Diane Ravnik, in her official capacity as Chief of the 9 California Division of Apprenticeship Standards; Matt Rodriguez, in his official capacity as 10 California Secretary for Environmental Protection; and the California Environmental 11 Protection Agency (collectively, “Defendants”); and the State Building and Construction 12 Trades Council of California, AFL-CIO (“SBCTC” or “Intervenor”), IT IS HEREBY 13 ORDERED that: 14 1. 15 16 SBCTC shall be entitled to intervene as a defendant in this action pursuant to Federal Rule of Civil Procedure 24. 2. SBCTC shall adhere to the briefing schedule previously agreed to by Plaintiffs 17 and Defendants for Plaintiffs’ intended Motion for Summary Judgment, which provides that 18 (a) Plaintiffs’ moving papers shall be filed and served no later than January 22, 2014; (b) 19 Defendants’ and Intervenor’s opposition papers shall be filed and served no later than 20 February 12, 2014; (c) Plaintiffs’ reply papers shall be filed and served no later than February 21 26, 2014; and (d) Plaintiffs’ motion shall be scheduled to be heard on March 5, 2014. 22 3. Until such time as the Court rules on Plaintiffs’ Motion for Summary Judgment, 23 no party will serve or seek to take discovery from any other party or non-party to this action. 24 However, nothing in this Order shall preclude either Defendants or Intervenor from opposing 25 Plaintiffs’ Motion for Summary Judgment on the grounds that a genuine dispute exists as to 26 any material fact, that an asserted fact is not supported by admissible evidence, or that, due to 27 the absence of the opportunity to take discovery, facts essential to justify the opposition cannot 28 be presented. 1 TIMEC COMPANY, INC., ET AL V. EDMUND G. BROWN, ET AL [PROPOSED] ORDER GRANTING INTERVENTION CASE NO.: 2:13-CV-02521-JAM-DAD 1 2 4. Neither Plaintiffs nor Intervenor shall seek to recover their respective attorney’s fees incurred in connection with this action from each other. 3 4 IT IS SO ORDERED. 5 6 /s/ John A. Mendez DATED: 1/31/2014 7 John A. Mendez United States District Court Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 TIMEC COMPANY, INC., ET AL V. EDMUND G. BROWN, ET AL [PROPOSED] ORDER GRANTING INTERVENTION CASE NO.: 2:13-CV-02521-JAM-DAD