Unico Mechanical Corp. et al v. Harris et al

Filing 54

STIPULATION and ORDER signed by District Judge John A. Mendez on 9/8/16 ORDERING the Briefing Schedule for 49 Motion for Summary Judgment as follows: Defendants' oppositions due by 10/11/2016; Plaintiffs' replies due by 11/1/2016; and Defendants' replies in support of any cross-motion due by 11/8/16.(Washington, S)

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KAMALA D. HARRIS
Attorney General of California
MARC A. LEFORESTIER
Supervising Deputy Attorney General
JOHN W. KILLEEN, State Bar No. 258395
Deputy Attorney General (attorney for notice)
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Kamala Harris, Christine Baker,
Diane Ravnik, and Matt Rodriquez

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNICO MECHANICAL CORP, a
California corporation, and ALFRED
CONHAGEN, INC. OF CALIFORNIA, a
California Corporation,
Plaintiffs,

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v.

Case No. 2:15-cv-00996-JAM-DB

STIPULATION AND ORDER
ESTABLISHING BRIEFING SCHEDULE
FOR PLAINTIFFS’ MOTION FOR
SUMMARY JUDGMENT

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KAMALA HARRIS, in her official capacity
as Attorney General for the State of
California; CHRISTINE BAKER, in her
official capacity as the Director of the
California Department of Industrial
Relations; DIANE RAVNIK, in her official
capacity as the Chief of the California
Division of Apprenticeship Standards; and
MATT RODRIQUEZ, in his official
capacity as California Secretary for
Environmental Protection,

Date:
Time:
Courtroom:
Judge:
Trial Date:
Action Filed:

November 15, 2016
1:30 p.m.
6, 14th Floor
Hon. John A. Mendez
None Set
5/7/2015

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Defendants.
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Stipulation and Order (2:15-cv-00996-JAM-DB)

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Pursuant to Local Rule 230, all parties to this case hereby stipulate and request that the

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Court approve the following briefing schedule for Plaintiffs’ motion for summary judgment, filed

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on September 7, 2016, and set for hearing on November 15, 2016, at 1:30 p.m.:

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Plaintiffs’ motion was filed on September 7, 2016.

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Defendants’ oppositions to the motion and any cross-motions for summary judgment must

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be served and filed on or before October 11, 2016.
Plaintiffs’ replies to Defendants’ oppositions and Plaintiffs’ opposition to any crossmotions must be served and filed on or before November 1, 2016.
Defendants’ replies in support of any cross-motion must be served and filed on or before
November 8, 2016.
The Parties stipulate and agree that they met and conferred regarding Plaintiffs’ motion on

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August 25, 2016. The Parties further stipulate and agree that, during the proposed briefing

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schedule, they will not propound additional discovery.

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As provided for in Local Rule 230(e), notwithstanding this stipulation, should Defendants

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file any cross-motions for summary judgment, Plaintiffs reserve their rights to request that the

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Court modify the briefing schedule and “continue the hearing on the original and all related

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motions so as to give all parties reasonable opportunity to serve and file oppositions and replies to

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all pending motions.” Plaintiffs will meet and confer with Defendants prior to making such a

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request.

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Good cause exists for this briefing schedule because counsel for Defendant State Building

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and Construction Trades Council of California, AFL-CIO, will be out of the country for several

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weeks in early September. And counsel for Defendants Harris, Baker, Ravnik, and Rodriguez

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will be out of the office on family leave for several weeks in early October. Moreover, providing

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extra time for the parties to incorporate cross-motions into the schedule will reduce the burden on

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the Court and the parties.

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Accordingly, the parties request that the Court approve the briefing schedule.

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IT IS SO STIPULATED.

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Stipulation and Order (2:15-cv-00996-JAM-DB)

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Dated: September 7, 2016

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SHEPPARD, MULLIN, RICHTER & HAMPTON

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By

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LLP

/s/ Jonathan P. Barker (signature used by permission
granted September 7, 2016)
RONALD J. HOLLAND
ELLEN M. BRONCHETTI
JONATHAN P. BARKER
Attorneys for Plaintiffs
Unico Mechanical Corp. and
Alfred Conhagen, Inc. of California

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Dated: September 7, 2016

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KAMALA D. HARRIS
Attorney General of California
MARC A. LEFORESTIER
Supervising Deputy Attorney General

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/s/ John W. Killeen__________

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JOHN W. KILLEEN
Deputy Attorney General
Attorneys for Kamala Harris, Christine
Baker, Diane Ravnik, and Matt Rodriquez

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Dated: September 7, 2016

ALTSHULER BERZON LLP

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/s/ Zoe M. Palitz (used by permission
granted September 7, 2016) __________

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SCOTT A. KRONLAND
ZOE M. PALITZ
Attorneys for State Building and
Construction Trades Council of California,
AFL-CIO

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Stipulation and Order (2:15-cv-00996-JAM-DB)

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ORDER

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Good cause appearing, it is hereby ORDERED that for Plaintiffs’ motion for summary

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judgment scheduled to be heard on November 15, 2016, at 1:30 p.m.:
Defendants’ oppositions to the motion and any cross-motions for summary judgment must
be served and filed on or before October 11, 2016.
Plaintiffs’ replies to Defendants’ oppositions and Plaintiffs’ opposition to any crossmotions must be served and filed on or before November 1, 2016.
Defendants’ replies in support of any cross-motion must be served and filed on or before
November 8, 2016.
As provided for in Local Rule 230(e), notwithstanding this stipulation, should Defendants

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file any cross-motions for summary judgment, Plaintiffs reserve their rights to request that the

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Court modify the briefing schedule and “continue the hearing on the original and all related

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motions so as to give all parties reasonable opportunity to serve and file oppositions and replies to

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all pending motions.” Plaintiffs will meet and confer with Defendants prior to making such a

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request.

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IF DEFENDANTS’ FILE A CROSS-MOTION FOR SUMMARY JUDGMENT THE

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COURT MAY VERY LIKELY CONTINUE THE NOVEMBER 15, 2016 HEARING

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DATE. OTHERWISE THE STIPULATION IS APPROVED.

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IT IS SO ORDERED.

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DATED: September 8, 2016

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/s/ JOHN A. MENDEZ
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF CALIFORNIA

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SA2015103576

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Stipulation and Order (2:15-cv-00996-JAM-DB)