Laborers International Union of North America Pacific Soutohwest Region v. U.S. Department of Energy

Filing 12

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/25/14 ORDERING the parties hereby stipulate and agree that information regarding the three Power Equipment Operators, groups 3, 9, and 11, can be redacted from the certified payroll records at issue and will not be an issue to be determined in this litigation. (Becknal, R)

1 BARRY E. HINKLE, SBN 071223
PATRICIA M. GATES, SBN 076498
2 ROBERTA D. PERKINS, SBN 153074
WEINBERG, ROGER & ROSENFELD
3 A Professional Corporation
1001 Marina Village Parkway, Suite 200
4 Alameda, CA 94501-1091
Telephone: [phone]
5 Facsimile: 510.337.1023
6 Attorneys for Plaintiff, LABORERS INTERNATIONAL UNION OF NORTH AMERICA
PACIFIC SOUTHWEST REGION
7
BENJAMIN B. WAGNER
8 United States Attorney
YOSHINORI H. T. HIMEL #66194
9 Assistant United States Attorney
501 I Street, Suite 10-100
10 Sacramento, CA 95814
Telephone: [phone]
11 Facsimile: [phone]
email: [e-mail]
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Attorneys for Defendant, UNITED STATES DEPARTMENT OF ENERGY
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

16 LABORERS' INTERNATIONAL UNION OF NORTH
AMERICA PACIFIC SOUTHWEST REGION,
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Plaintiff,
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v.
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U.S. DEPARTMENT OF ENERGY,
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Defendant.
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CASE NO. 2:13-CV-02204-MCEDAD
STIPULATION AND ORDER
FURTHER LIMITING ISSUES
TO BE DECIDED

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The parties, by and through the undersigned counsel, hereby stipulate, subject to the

24 approval of the Court, provided for herein, as follows:
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1. On February 11, 2014, the parties stipulated for purposes of the matters to be decided

26 in this action, to limiting the certified payroll records of CLP, Inc. to a seven-week period
27 beginning on December 2, 2012 and ending January 20, 2013. See ECF #8.
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1 STIPULATION AND ORDER FURTHER LIMITING
ISSUES TO BE DECIDED

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2. Upon further review of the specified records, the Department of Energy identified

2 three individuals during this seven-week period whom the Department of Energy contends a
3 knowledgeable member of the public could identify by their work classification of Power
4 Equipment Operator and their group classifications of groups 3, 9, and 11.
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3. The Department of Energy has confirmed that no more than three individuals worked

6 as Power Equipment Operator, group 3, 9, or 11, during the seven-week period in question.
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4. The Department of Energy contends, and Plaintiff does not concede, that the three

8 individuals would be identifiable solely from their work classifications and group numbers as
9 they appear on the certified payroll records.
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5. Notwithstanding the above disagreement, in order to focus the issues and streamline

11 the litigation, the parties hereby stipulate and agree that information regarding the three Power
12 Equipment Operators, groups 3, 9, and 11, can be redacted from the certified payroll records at
13 issue and will not be an issue to be determined in this litigation.
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Dated: March 19, 2014

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WEINBERG, ROGER & ROSENFELD
A Professional Corporation
By: /s/ Roberta D. Perkins
ROBERTA D. PERKINS, SBN 153074
(as authorized on 3/19/14)

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18 Dated: March 19, 2014

BENJAMIN B. WAGNER
United States Attorney

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By: /s/ YOSHINORI H. T. HIMEL #66194
YOSHINORI H. T. HIMEL #66194
Assistant United States Attorney

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ORDER

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IT IS SO ORDERED.

25 Dated: March 25, 2014
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2 STIPULATION AND ORDER FURTHER LIMITING
ISSUES TO BE DECIDED

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