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

Filing 38

STIPULATION and ORDER signed by Judge John A. Mendez on 12/20/10 ORDERING that pursuant to the stipulation of the parties, Pltf is granted leave to file a First Amended Complaint. (Owen, K)

Associated General Contractors of America, San Diego Chapter, Inc. v. C...nt of Transportation et al

Doc. 38

1 SHARON L. BROWNE, No. 119246 E-mail: [e-mail] 2 RALPH W. KASARDA, No 205286 E-mail: [e-mail] 3 JOSHUA P. THOMPSON, No. 250955 E-mail: [e-mail] 4 Pacific Legal Foundation 3900 Lennane Drive, Suite 200 5 Sacramento, California 95834 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Plaintiff Associated General Contractors 8 of America, San Diego Chapter, Inc. 9 10
3900 Lennane Drive, Suite 200 Sacramento, CA 95834 [phone] FAX [phone]

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

PACIFIC LEGAL FOUNDATION

11 12

13 ASSOCIATED GENERAL CONTRACTORS OF AMERICA, SAN DIEGO CHAPTER, INC., 14 a nonprofit California corporation, 15 16 v. Plaintiff,

17 CALIFORNIA DEPARTMENT OF TRANSPORTATION; et al., 18 Defendants 19 COALITION FOR ECONOMIC EQUITY; et al., 20 Defendant-Intervenors. 21 22

) No. 2:09-CV-01622-JAM-GGH ) ) ) STIPULATION ) CONSENTING TO ) PLAINTIFF'S FILING OF ) FIRST AMENDED COMPLAINT; ) [PROPOSED] ORDER ) ) ) Judge: Hon. John A. Mendez ) ) ) ) ) )

COMES NOW Plaintiff Associated General Contractors of America, San Diego Chapter,

23 Inc.; Defendants California Department of Transportation (Caltrans); Cindy McKim, in her official 24 capacity as Director of Caltrans; Olivia Fonseca, individually, and in her official capacity as 25 Deputy Director of Caltrans; and Defendant-Intervenors Coalition for Economic Equity; and 26 National Association for the Advancement of Colored People, San Diego Chapter (collectively the 27 Parties), and pursuant to Federal Rule of Civil Procedure 15(a)(2), stipulate to the filing of 28 Plaintiff's First Amended Complaint. In support of their stipulation, the Parties state as follows:
Stip Consenting to Pltf's Filing of 1st Amend Complaint - No. 2:09-CV-01622-JAM-GGH

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WHEREAS Plaintiff filed its Complaint in the above-captioned matter on June 11, 2009,

2 against Defendants Caltrans; Will Kempton, individually, and in his official capacity as Director 3 of Caltrans; and Olivia Fonseca, individually, and in her official capacity as Deputy Director of 4 Caltrans; 5 WHEREAS in their Complaint, the Plaintiff set forth five claims for relief, by pleading

6 violations of the Fourteenth Amendment to the United States Constitution, 42 U.S.C. § 1981, 7 42 U.S.C. § 1983, 42 U.S.C. § 2000d, and Article I, section 31, of the California Constitution; 8 WHEREAS Defendants Caltrans, Will Kempton, and Olivia Fonseca filed a joint Answer

9 to the Complaint on July 7, 2009; 10
3900 Lennane Drive, Suite 200 Sacramento, CA 95834 [phone] FAX [phone]

WHEREAS Will Kempton resigned as Director of Caltrans on July 31, 2009, and was

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11 replaced by Randell H. Iwasaki; 12 WHEREAS pursuant to Federal Rule of Civil Procedure 25(d), Randell H. Iwasaki became

13 a Defendant in this action by automatically substituting for Will Kempton in his official capacity 14 as Director of Caltrans; 15 WHEREAS Plaintiff and Defendants Caltrans, Randell H. Iwasaki, Olivia Fonseca, and

16 Will Kempton filed a Stipulation of Dismissal as to Will Kempton on December 16, 2009; 17 18 WHEREAS the Stipulation was approved by the Court on December 18, 2009; WHEREAS on December 22, 2009, the Court granted the motion to intervene by

19 Defendant-Intervenors Coalition for Economic Equity and National Association for the 20 Advancement of Colored People, San Diego Chapter; 21 WHEREAS Defendant-Intervenors Coalition for Economic Equity and National

22 Association for the Advancement of Colored People, San Diego Chapter filed their Answer on 23 January 12, 2010; 24 WHEREAS Randell H. Iwasaki resigned as Director of Caltrans on April 15, 2010, and

25 was replaced by Cindy McKim; 26 WHEREAS pursuant to Federal Rule of Civil Procedure 25(d), Cindy McKim became a

27 Defendant in this action by automatically substituting for Randell H. Iwasaki in his official 28 capacity as Director of Caltrans;
Stip Consenting to Pltf's Filing of 1st Amend Complaint - No. 2:09-CV-01622-JAM-GGH

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WHEREAS the parties have agreed that Plaintiff's state law claim under Article I,

2 section 31, of the California Constitution shall not be litigated in this action; 3 4 5 6 7 8 9 10
3900 Lennane Drive, Suite 200 Sacramento, CA 95834 [phone] FAX [phone]

WHEREFORE, the Parties stipulate through their respective attorneys of record that: 1. Plaintiff may file its First Amended Complaint, a copy of which is attached hereto; and 2. That the Defendants and Defendant-Intervenors waive notice and service of the Amended Complaint, and that they shall not be required to answer the amendment, and all denials, responses, and affirmative defenses contained in their Answers filed to the original Complaint shall be responsive to the Amended Complaint. IT IS SO STIPULATED. Respectfully submitted, SHARON L. BROWNE RALPH W. KASARDA JOSHUA P. THOMPSON Pacific Legal Foundation

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11 12 13 14 15 16 DATED: December 17, 2010. 17 18 19 20 21 22 23 24 25 26 DATED: December 17, 2010. 27 28
Stip Consenting to Pltf's Filing of 1st Amend Complaint - No. 2:09-CV-01622-JAM-GGH

By

s/Ralph W. Kasarda RALPH W. KASARDA

Attorneys for Plaintiff KATHRYN T. PAPALIA Legal Department California Department of Transportation MARA E. ROSALES BENJAMIN J. SCHNAYERSON Rosales Law Partners LLP G. SCOTT EMBLIDGE RACHEL J. SATER Moscone, Emblidge & Sater, LLP

By

s/G. Scott Emblidge G. SCOTT EMBLIDGE

Attorneys for Defendants

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1 2 3 4 5 6 7 8 9 10 DATED: December 13, 2010.
3900 Lennane Drive, Suite 200 Sacramento, CA 95834 [phone] FAX [phone]

MICHAEL I. BEGERT SUJAL J. SHAH CARLOS P. MIŅO JULIA SNYDER Bingham McCutchen LLP OREN M. SELLSTROM Lawyers' Committee for Civil Rights of the San Francisco Bay Area ALAN L. SCHLOSSER American Civil Liberties Union Foundation of Northern California

By

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11 12 13 14 15 16 DATED: 12/20/2010 17 18 19 20 21 22 23 24 25 26 27 28
Stip Consenting to Pltf's Filing of 1st Amend Complaint - No. 2:09-CV-01622-JAM-GGH

s/Michael I. Begert MICHAEL I. BEGERT

Attorneys for Defendant-Intervenors IT IS SO ORDERED.

/s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ Judge of the United States District Court

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