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

Filing 97

STIPULATION and ORDER signed by Judge John A. Mendez on 3/21/11 ORDERING that: Plaintiff withdraws any reliance on and reference to Mr. Sullivan, his opinions, and his expert report from Plaintiff's Motion for Summary Judgment or, In the Alterna tive, Summary Adjudication. Any such citations or reliance should be stricken and no longer be part of the case record; Plaintiff withdraws Exhibit N of the Declaration of Ralph W. Kasarda in Support of Plaintiff's Motion for Summary Judgment o r, In the Alternative, Summary Adjudication, which contained copies of excerpts from John Sullivan's Expert Report. Exhibit N shall be stricken and no longer be part of the case record; Defendant-Intervenors continue the hearing on their Motion to Exclude the Testimony and Opinions of Plaintiff's Expert John Sullivan until the date and time this Court sets for hearing pre-trial motions in this matter. (Becknal, R)

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BINGHAM MCCUTCHEN LLP BREE HANN (SBN 215695) [e-mail] SUJAL J. SHAH (SBN 215230) [e-mail] SAMANTHA REARDON CARTER (SBN 240068) [e-mail] CARLOS PATRICIO MINO (SBN 247022) [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067, U.S.A. Telephone: [phone] Facsimile: 415.393.2286 LAWYERS' COMMITTEE FOR CIVIL RIGHTS OREN SELLSTROM (SBN 161074) 131 Steuart Street, Suite 400 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [Additional counsel listed on signature pages.] Attorneys for Defendant-Intervenors Coalition for Economic Equity and National Association for the Advancement of Colored People, San Diego Chapter UNITED STATES DISTRICT COURT

16 EASTERN DISTRICT OF CALIFORNIA 17 SACRAMENTO DIVISION 18 19 20 21 22 23 24 25 26 27 28 1
Case No. 2:09-cv-01622-JAM-GGH

ASSOCIATED GENERAL CONTRACTORS OF AMERICA, SAN DIEGO CHAPTER, INC., a nonprofit California corporation, Plaintiff, v. CALIFORNIA DEPARTMENT OF TRANSPORTATION, et al., Defendants, COALITION FOR ECONOMIC EQUITY and NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, SAN DIEGO CHAPTER, Defendant-Intervenors.

No. 2:09-cv-01622-JAM-GGH JOINT STIPULATION AND ORDER TO STRIKE EVIDENCE OF PLAINTIFF'S EXPERT JOHN SULLIVAN FROM PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND CONTINUE HEARING OF DEFENDANTINTERVENORS' MOTION TO EXCLUDE THE TESTIMONY AND OPINIONS OF PLAINTIFF'S EXPERT JOHN SULLIVAN Judge: Hon. John A. Mendez

STIPULATION AND [PROPOSED] ORDER TO STRIKE JOHN SULLIVAN FROM PLAINTIFF'S SUMMARY JUDGMENT MOTION AND CONTINUE HEARING ON MOTION TO STRIKE

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COMES NOW Plaintiff Associated General Contractors of America, San Diego Chapter, Inc.; Defendants California Department of Transportation, Cindy McKim (in her official capacity as Director of Caltrans), and Olivia Fonseca (individually, and in her official capacity as Deputy Director of Caltrans); and Defendant-Intervenors Coalition for Economic Equity and National Association for the Advancement of Colored People, San Diego Chapter (collectively the "Parties"). The Parties state as follows: WHEREAS the Parties' cross-motions for summary judgment, filed on January 25 and 26, 2011, are currently before this Court. Hearing on these motions has been set for March 23, 2011 at 9:30 a.m., in Courtroom 6. WHEREAS Defendant-Intervenors' Motion to Exclude the Testimony and Opinions of Plaintiff's Expert John Sullivan ("Motion to Exclude") (Dkt. No. 47), filed on January 26, 2011, is currently before this Court. Hearing on this motion has been set for March 23, 2011 at 9:30 a.m., in Courtroom 6. WHEREAS Defendants joined in Defendant-Intervenors' Motion to Exclude (Dkt. No. 68) on February 7, 2011. WHEREAS Defendant-Intervenors are willing to postpone hearing on their Motion to Exclude until after the cross-motions for summary judgment are decided, if Plaintiff withdraws any reliance on and reference to Mr. Sullivan, his opinions, and his expert report (including but not limited to Exhibit N to the Declaration of Ralph W. Kasarda in Support of Plaintiff's Motion) from Plaintiff's Motion for Summary Judgment or, In the Alternative, Summary Adjudication. WHEREAS Plaintiff contends it did not intend for any citation to Mr. Sullivan's report in Plaintiff's Motion for Summary Judgment or, In the Alternative, Summary Adjudication or Statement of Undisputed Material Facts (Dkt. No. 44) to be construed as reliance on said report. Plaintiff contends that any citation to Mr. Sullivan's report in its Motion was part of the cumulative evidence used to support a fact. WHEREAS the parties believe that postponing the hearing on DefendantIntervenors' Motion to Exclude the Testimony and Opinions of Plaintiff's Expert John Sullivan 2 Case No. 2:09-cv-01622-JAM-GGH
STIPULATION AND [PROPOSED] ORDER TO STRIKE JOHN SULLIVAN FROM PLAINTIFF'S SUMMARY JUDGMENT MOTION AND CONTINUE HEARING ON MOTION TO STRIKE

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will further judicial economy. NOW THEREFORE, the Parties stipulate by and through their counsel of record, and respectfully request that the Court approve, that: 1. Plaintiff withdraws any reliance on and reference to Mr. Sullivan, his opinions, and his expert report from Plaintiff's Motion for Summary Judgment or, In the Alternative, Summary Adjudication. Any such citations or reliance should be stricken and no longer be part of the case record. 2. Plaintiff withdraws Exhibit N of the Declaration of Ralph W. Kasarda in Support of Plaintiff's Motion for Summary Judgment or, In the Alternative, Summary Adjudication, which contained copies of excerpts from John Sullivan's Expert Report. Exhibit N shall be stricken and no longer be part of the case record. 3. Defendant-Intervenors continue the hearing on their Motion to Exclude the Testimony and Opinions of Plaintiff's Expert John Sullivan until the date and time this Court sets for hearing pre-trial motions in this matter.

Jointly stipulated this 18th day of March 2011.

DATED: March 18, 2011 By: /s/ Ralph W. Kasarda Ralph W. Kasarda

Attorneys for Plaintiff SHARON L. BROWNE (SBN 119246) RALPH W. KASARDA (SBN 205286) JOSHUA P. THOMPSON (SBN 250955) ADAM R. POMEROY (SBN 272517) Pacific Legal Foundation

DATED: March 18, 2011 By: 3 /s/ Scott Emblidge G. Scott Emblidge
Case No. 2:09-cv-01622-JAM-GGH

STIPULATION AND [PROPOSED] ORDER TO STRIKE JOHN SULLIVAN FROM PLAINTIFF'S SUMMARY JUDGMENT MOTION AND CONTINUE HEARING ON MOTION TO STRIKE

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Case No. 2:09-cv-01622-JAM-GGH

Attorneys for Defendants RONALD W. BEALS THOMAS C. FELLENZ KATHRYN T. PAPALIA (SBN 173472) State of California Legal Department MARA E. ROSALES (SBN 104844) BENJAMIN SCHNAYERSON (SBN 257857) Rosales Law Partners LLP G. SCOTT EMBLIDGE (SBN 121613) RACHEL J. SATER (SBN 147976) Moscone, Emblidge & Quadra LLP

DATED: March 18, 2011 By: /s/ Carlos P. Mino Carlos P. Mino

Attorneys for Defendant-Intervenors BREE HANN (SBN 215695) SUJAL J. SHAH (SBN 215230) SAMANTHA CARTER (SBN 240068) CARLOS P. MIŅO (SBN 247022) Bingham McCutchen LLP OREN SELLSTROM (SBN 161074) Lawyers' Committee for Civil Rights EVA JEFFERSON PATERSON (SBN 67081) SARA JACKSON (SBN 251915) FABIAN RENTERIA (SBN 268028) Equal Justice Society JORY C. STEELE (SBN 206944) American Civil Liberties Union Foundation of Northern California

STIPULATION AND [PROPOSED] ORDER TO STRIKE JOHN SULLIVAN FROM PLAINTIFF'S SUMMARY JUDGMENT MOTION AND CONTINUE HEARING ON MOTION TO STRIKE

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IT IS SO ORDERED, this 21st day of March, 2011.

/s/ John A. Mendez________ John A. Mendez United States District Judge

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Case No. 2:09-cv-01622-JAM-GGH

STIPULATION AND [PROPOSED] ORDER TO STRIKE JOHN SULLIVAN FROM PLAINTIFF'S SUMMARY JUDGMENT MOTION AND CONTINUE HEARING ON MOTION TO STRIKE

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