Unico Mechanical Corp. et al v. Harris et al

Filing 68

ORDER signed by District Judge John A. Mendez on 12/9/2016 ORDERING that Unico's and Conhagen's motion for summary judgment is DENIED, that the State Defendants' motion for summary judgment is GRANTED, and that SBCTC's motion for summary judgment is GRANTED, for the reasons stated by the Court at the 11/15/2016 hearing. (Reader, L)

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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,

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Plaintiffs,
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v.

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

ORDER DENYING PLAINTIFFS’
MOTION FOR SUMMARY JUDGMENT
AND GRANTING DEFENDANTS’
MOTIONS 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:
Dept:
Judge:
Action Filed:

November 15, 2016
1:30 p.m.
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Hon. John A. Mendez
5/7/2015

Defendants,
STATE BUILDING AND
CONSTRUCTION TRADES COUNCIL
OF CALIFORNIA, AFL-CIO,
Intervenor-Defendants.

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Order Regarding Motions for Summary Judgment (2:15-cv-00996-JAM-DB)

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Plaintiffs Unico Mechanical Corp. (“Unico”) and Alfred Conhagen, Inc., of California

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(“Conhagen”) filed a motion for summary judgment on September 7, 2016. See Dkt. No. 49.

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Defendants Kamala Harris, Christine Baker, Diane Ravnik, and Matt Rodriquez (in their

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respective official capacities) (“State Defendants”) filed a cross-motion for summary judgment on

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October 11, 2016. See Dkt. No. 56. Intervenor-Defendant State Building Construction Trades

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Council of California, AFL-CIO (“SBCTC”), also filed a cross-motion for summary judgment on

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October 11, 2016. See Dkt. No. 55.

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The Court heard oral argument on all three motions on November 15, 2016. At the
November 15, 2016, hearing, the Court made oral findings and conclusions, orally denied Unico’s

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and Conhagen’s motion for summary judgment, and orally granted the State Defendants’ motion

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for summary judgment and SBCTC’s motion for summary judgment.

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Based on the pleadings submitted by the parties, the record in this case, the arguments of

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counsel at the November 15, 2016 hearing, and the Court’s oral rulings at the November 15

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hearing (which are incorporated by reference into this order), it is hereby ordered that Unico’s

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and Conhagen’s motion for summary judgment is DENIED, that the State Defendants’ motion for

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summary judgment is GRANTED, and that SBCTC’s motion for summary judgment is

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GRANTED, for the reasons stated by the Court at the November 15, 2016 hearing.

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IT IS SO ORDERED.

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Dated:

12/9/2016

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/s/ John A. Mendez___________
The Honorable John A. Mendez
U. S. District Court Judge
Eastern District of California

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APPROVED AS TO FORM:
Dated: December 8, 2016
/s/ Jonathan P. Barker (signature used by permission granted December 8, 2016)
SHEPPARD MULLIN RICHTER & HAMPTON, LLP
Ronald J. Holland (State Bar No. 148687)
Ellen M. Bronchetti (State Bar No. 226975)
Jonathan P. Barker (State Bar No. 233652)
Attorneys for Plaintiffs Unico Mechanical Corp. and Alfred Conhagen, Inc. of California
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Order Regarding Motions for Summary Judgment (2:15-cv-00996-JAM-DB)