Associated General Contractors of America, San Diego Chapter, Inc. v. California Department of Transportation et al

Filing 102

ORDER signed by Judge John A. Mendez on 4/19/11 ORDERING that the Court GRANTS Defendants' and Intervenors' summary judgment motions, and DENIES Plaintiff's summary judgment motion. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ASSOCIATED GENERAL CONTRACTORS OF
AMERICA, SAN DIEGO CHAPTER, INC.,
a nonprofit California
corporation,
Plaintiff,

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v.
CALIFORNIA DEPARTMENT OF
TRANSPORTATION, et al.,

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Defendants.
COALITION FOR ECONOMIC EQUITY and
NAACP, SAN DIEGO CHAPTER,
DefendantIntervenors.

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Case No. 2:09-CV-1622-JAM-GGH
ORDER GRANTING DEFENDANTS’
AND INTERVENORS’ MOTIONS FOR
SUMMARY JUDGMENT AND DENYING
PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT

On March 23, 2011, this matter came before the Court on three

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motions for summary judgment.

Each party also made various

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evidentiary objections.

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Contractors of America, San Diego Chapter, challenged Defendant

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California Department of Transportation’s application of provisions

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of a federal program under the “Safe, Accountable, Flexible

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Efficient Transportation Equity Act: A Legacy for Users,” enacted

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by Congress in 2005.

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(2005).

In this suit, Plaintiff Associated General

Pub. L. No 109-59, § 1101(b), 119 Stat. 1144

The Coalition for Economic Equity and National Association
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for the Advancement of Colored People, San Diego Chapter,

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(“Intervenors”), intervened to defend the challenged program.

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For the reasons stated by the Court at the March 23, 2011

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hearing, as reflected in the attached transcript (Doc. #101), the

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Court GRANTS Defendants’ and Intervenors’ summary judgment motions,

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and DENIES Plaintiff’s summary judgment motion.

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IT IS SO ORDERED.
Dated: April 19, 2011

____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE

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