National Railroad Passenger Corporation et al v. State of California et al

Filing 94

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/13/2018 ORDERING that each side may submit a 3-page supplemental letter brief specifically addressing the impact, if any, of Board of Trustees v. Chambers, on the pending cross motions for summary judgment. The supplemental letter briefs may be submitted no later than 10 days after the entry of this order.(Washington, S)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
TAMAR PACHTER, State Bar No. 146083
Supervising Deputy Attorney General
PETER H. CHANG, State Bar No. 241467
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Julie Su, in her official
capacity as California Labor Commissioner

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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NAT’L RAILROAD PASSENGER
CORPORATION, et al.,
No. 2:15-CV-00924-KJM-EFB
Plaintiffs,

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JOINT PROPOSED SCHEDULE FOR
SUPPLEMENTAL BRIEFING AND
ORDER

v.
JULIE SU, in her official capacity as Labor
Commissioner, State of California Division
of Labor Standards Enforcement,
Defendant,
and
TRANSPORTATION DIVISION OF THE
INTERNATIONAL ASSOCIATION OF
SHEET METAL, AIR, RAIL AND
TRANSPORTATION WORKERS, et al.,
Intervenors.

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Joint Schedule for Supp. Br.
Case No. 2:15-cv-00924-KJM-EFB

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As directed by the Court on September 5, 2018 (ECF No. 92), the parties have met and

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conferred on a proposed schedule for submitting supplemental briefing on the Ninth Circuit’s

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recent decision in Board of Trustees v. Chambers, No. 16-15588, slip op. (9th Cir. Sept. 4, 2018).

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The parties jointly propose that each side that wishes to submit supplemental briefing on the

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Chambers case should submit a 3-page letter brief within 10 days of the Court entering an order

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permitting the parties to submit such supplemental briefing. Thereafter, the parties’ cross-

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motions for summary judgment will be submitted.

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Respectfully submitted,

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Dated: September 12, 2018

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By: /s/ Peter Chang
Peter Chang
Attorneys for Defendant
Julie Su, in her official capacity as Labor
Commissioner

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Dated: September 12, 2018

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SMART-TD
By: /s/ Erika Diehl-Gibbons (as authorized on Sept. 12,
2018)
Erika A. Diehl-Gibbons
Kevin C. Brodar
Attorneys for Intervenor
Transportation Division of the
International Association of Sheet Metal, Air, Rail and
Transportation Workers

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XAVIER BECERRA
Attorney General of California

Dated: September 12, 2018

ZWERDLING, PAUL, KAHN & WOLLY, P.C.
By: /s/ Michael S. Wolly (as authorized on Sept. 12, 2018)
Michael S. Wolly
Attorney for Intervenors
Brotherhood of Locomotive Engineers and Trainmen,
National Conference of Firemen & Oilers District of Local
32BJ, SEIU, and International Brotherhood of Electrical
Workers

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Joint Schedule for Supp. Br.
Case No. 2:15-cv-00924-KJM-EFB

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Dated: September 12, 2018

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MOONEY, GREEN, SAINDON, MURPHY AND WELCH
PC
By: /s/ Richard Edelman (as authorized on Sept. 11, 2018)
Richard Edelman
Attorney for Intervenors
Brotherhood of Railroad Signalmen,
Brotherhood of Maintenance of Way Employees
Division/IBT, and Mechanical Division of the International
Association of Sheet Metal, Air, Rail and Transportation
Workers

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Dated: September 12, 2018

JONES DAY
By: /s/ Donald J. Munro (as authorized on Sept. 12, 2018)
Donald J. Munro
Kelsey Israel-Trummel
Attorneys for Plaintiffs

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Joint Schedule for Supp. Br.
Case No. 2:15-cv-00924-KJM-EFB

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ORDER
Pursuant to the Joint Proposed Schedule, IT IS ORDERED that each side may submit a 3-

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page supplemental letter brief specifically addressing the impact, if any, of Board of Trustees v.

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Chambers, No. 16-15588, slip op. (9th Cir. Sept. 4, 2018) on the pending cross-motions for

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summary judgment. The supplemental letter briefs may be submitted no later than 10 days after

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the entry of this order.

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DATED: September 13, 2018.

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UNITED STATES DISTRICT JUDGE

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Joint Schedule for Supp. Br.
Case No. 2:15-cv-00924-KJM-EFB