Allied Concrete and Supply Co. et al v. Edmund Gerald Brown Jr., et al

Filing 102

PERMANENT INJUNCTION AND FINAL JUDGMENT by Judge R. Gary Klausner, in favor of Christine Baker, Julie A. Su against Allied Concrete and Supply Co., Calportland Company, Gary Bale Redi-Mix Concrete Inc., Holliday Rock Co., Inc., National Ready Mixed Concrete Co., Robertson s Ready Mix, Ltd, Spragues Rock and Sand Company, Superior Ready Mix Concrete L.P. (MD JS-6, Case Terminated). (SEE JUDGMENT FOR SPECIFICS) (bp)

1 MICHAEL G. YODER (State Bar No. 83059)
m
~~yoder omm.com
CHRIST PHER S. WHITTAKER(State Bar No 274699)
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cwhittaker omm.com
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3 'MELVEr~ & MYERS LLP
Priority
610 Newport Center Drive, Suite 1700
Send
4 Newport Beach, California 92660-6429
Enter
Telephone: [phone]
Facsimile: 949-823-6994
Closed
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JS-5/
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JS-2/JS-3
Scan Only

6 ~ Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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12 ALLIED CONCRETE AND SUPPLY
CO., a California corporation, et al.,
13
Plaintiffs,
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Case No.: 2:16-cv-04830-RGK(FFM)
PERMANENT INJUNCTION AND
FINAL JUDGMENT

v.

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EDMUND GERALD BROWN JR., in
16 his official capacity as the Governor of
the State of California, et al.,
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Defendants.
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Judge:
Courtroom:

Hon. R. Gary Klausner
850

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On December 2, 2016, this Court issued its Order re: Defendants' Motion to

21 Dismiss(DE 39), in which it dismissed the Second Claim for Relief for Preemption
22 alleged in Plaintiffs' Complaint(ECF No. 1), but declined to dismiss Plaintiffs' First
23 Claim for Relief for Equal Protection. See ECF No. 79.On March 6,2017, this
24 Court issued its Order Re: Plaintiffs' Motion for Summary Judgment and for a
25 Permanent Injunction(DE 86), in which it granted summary judgment in favor of
2 Plaintiffs on the First Claim for Relief alleged in Plaintiffs' Complaint(ECF No. 1)
6
27 and granted Plaintiffs' request for a permanent injunction. See ECF No. 98.

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[
PROPOSED]PERMANENT INJUNCTION
e ~.m Fr~.r e t ri rnrraF~.rT

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For the reasons detailed in those orders, IT IS HEREBY ORDERED AND

2 II ADJUDGED that:
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1. Judgment is entered in favor of Defendants Christine Baker, Director

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ofthe Department of Industrial Relations ofthe State of California,

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and Julie Su, Labor Commissioner for the State of California

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(
collectively,"Defendants"), and against Plaintiffs Allied Concrete and

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Supply Co., CalPortland Company, Gary Bale Redi-Mix Concrete,

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Inc., Holliday Rock Co., Inc., National Ready Mixed Concrete Co.,

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Robertson's Ready Mix, Ltd., Spragues' Rock and Sand Company,

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and Superior Ready Mix Concrete L.P.(collectively,"Plaintiffs") on

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the Second Claim for Relief alleged in Plaintiffs' Complaint(ECF

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No. 1);

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2 Judgment is entered in favor of Plaintiffs and against Defendants on
.
the First Claim for Relief alleged in Plaintiffs' Complaint(ECF No. 1);

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3 California Labor Code Section 1720.9 violates the Equal Protection
.

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Clause of the Constitution of the United States under the Fourteenth

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Amendment and enforced through 42 U.S.C. § 1983;

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4 California Labor Code Section 1720.9 is unconstitutional as applied to
.

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Plaintiffs and all those similarly situated, including other suppliers,

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haulers, and deliverers of ready-mixed concrete, and contractors hiring

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or using any supplier, hauler, or deliverer of ready-mixed concrete;

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5. Defendants and their respective officers, agents, servants, employees,

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subordinates, and attorneys, and anyone acting in concert or

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participation with any of those individuals, are hereby

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PERMANENTLY ENJOINED from applying or enforcing California

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Labor Code Section 1720.9 against Plaintiffs and all those similarly

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situated, including other suppliers, haulers, and deliverers of ready-

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[PROPOSED]PERMANENT INJUNCTION
ANn FINAT,Ji1nC;MF.NT

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mixed concrete, and contractors hiring or using any supplier, hauler, or

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deliverer of ready-mixed concrete;

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6 Defendants and their respective officers, agents, servants, employees,
.

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subordinates, and attorneys, and anyone acting in concert or

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participation with any of those individuals, are hereby further

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PERMANENTLY ENJOINED from imposing on Plaintiffs and all

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those similarly situated, including other suppliers, haulers, and

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deliverers ofready-mixed concrete, and contractors hiring or using any

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supplier, hauler, or deliverer of ready-mixed concrete, any fines or

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penalties predicated on California Labor Code Section 1720.9;

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7 Defendants shall provide notice ofthis Permanent Injunction and Final
.

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Judgment to all individuals employed in the Department of Industrial

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Relations of the State of California or the Division ofLabor Standards

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Enforcement or who otherwise have the authority or responsibility for

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application or enforcement of California Labor Code Section 1720.9

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DATED:

March ~ ~", 2017

By:
Th on. J ge R. Gary Klausner
Un ed States District Judge

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[
PROPOSED]PERMANENT INJUNCTION
AN11 FTNAI,.Ti1nCiMF.NT