United States of America v. State of California et al

Filing 114

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by California Labor Federation (and associated parties). Attorney Guizar, Monica T. added. Motion Hearing set for 6/20/2018 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: # 1 Brief of Amici Curiae, # 2 Proposed Order)(Guizar, Monica) Modified on 5/21/2018 (Benson, A.).

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ANTONIO RUIZ, Bar No. 155659
MONICA T. GUIZAR, Bar No. 202480
ERIC J. WIESNER, Bar No. 259672
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
800 Wilshire Boulevard, Suite 1320
Los Angeles, California 90017
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Amici California Labor Federation, AFL-CIO,
California State Council of Service Employees, et al.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 2:18-cv-00490-JAM-KJN

THE UNITED STATES OF AMERICA,

UNOPPOSED MOTION FOR LEAVE
TO FILE BRIEF OF AMICI CURIAE
CALIFORNIA LABOR FEDERATION,
CALIFORNIA STATE COUNCIL OF
SERVICE EMPLOYEES, ET AL. IN
SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTION

Plaintiff,
v.
THE STATE OF CALIFORNIA; EDMUND
GERALD BROWN JR., Governor of
California, in his Official Capacity; and
XAVIER BECERRA, Attorney General of
California, in his official Capacity,

Date:
Time:
Courtroom:
Judge:
Action Filed:

Defendants.

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June 20, 2018
10:00 a.m.
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Hon. John A. Mendez
March 6, 2018

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
800 Wilshire Blvd, Suite 1320
Los Angeles, California 90017
[phone]

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Unopposed Motion for Leave to File Brief of Amici Curiae California Labor Federation, et al.
Case No. 2:18-cv-00490-JAM-KJN

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INTRODUCTION

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California Labor Federation, California State Council of Service Employees, et al.

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(“Amici”) respectfully move for leave to file an amici curiae brief in support of Defendants’

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opposition to the United States’ Motion for Preliminary Injunction. Pursuant to the Court’s

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March 27 and March 29, 2018 Minute Orders regarding Amicus Briefing, amici file this timely

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motion for leave to file their amicus brief. See Dkt. Entry 41 (setting May 18, 2018 as the due

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date for the filing of amicus briefs opposing Plaintiff’s preliminary injunction motion). A copy of

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the proposed brief is attached as Exhibit A to this motion. All parties have consented to the filing

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of this motion and the accompanying amicus brief. Plaintiff has informed Amici that if filed

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consistent with the Court’s scheduling orders, it consents to the current filing. Amici have made

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every effort to avoid any duplicative or cumulative arguments in their brief, and to comply with

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Federal Rules of Appellate Procedure 29(a). See Dkt. Entry 37.

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INTEREST OF AMICI CURIAE

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Proposed amici are the California Labor Federation, AFL-CIO, the California State

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Council of Service Employees, international labor unions, and non-profit legal services and

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advocacy organizations that promote the rights of California workers. Collectively, these

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workers’ rights amici provide a critical perspective regarding the harms to California workers that

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AB 450 seeks to ameliorate. Workers’ rights amici interact on a daily basis with employees

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throughout the State and have for years worked to address those harms through collective

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bargaining, litigation, and policy advocacy. Amici California Labor Federation and the California

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State Council of Service Employees, were sponsors of AB 450 during the legislative process, and

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are therefore intimately familiar with the intent behind its passage.

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California Labor Federation, AFL-CIO (“Federation”) is a labor federation that consists of

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more than 1,200 unions, representing 2.1 million union members in manufacturing, retail,

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construction, hospitality, public sector, health care, entertainment and other industries. The

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Federation is dedicated to promoting and defending the interests of working people and their

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families for the betterment of California’s communities. From legislative campaigns to grassroots

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organizing, its affiliates are actively engaged in every aspect of California’s economy and

WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
800 Wilshire Blvd, Suite 1320
Los Angeles, California 90017
[phone]

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Unopposed Motion for Leave to File Brief of Amici Curiae California Labor Federation, et al.
Case No. 2:18-cv-00490-JAM-KJN

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government. The Federation’s three main areas of work include: Legislative Action, Political

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Action, and Economic Action. The Federation’s achievements have included restoring daily

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overtime pay, raising the minimum wage and passing the nation’s first Paid Family Leave law.

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California State Council of Service Employees (“SEIU California”) is a non-profit labor

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organization affiliated with the Service Employees International Union (“SEIU”) consisting of

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over 700,000 members in California. SEIU California’s mission is to improve the lives of

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working people and their families and lead the way to a more just and humane society. SEIU

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fights for jobs with decent wages, healthcare, pensions, better working conditions, and more

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opportunities. The SEIU California strives to build greater unity among all SEIU locals in

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California and to mobilize its membership to pursue an action-oriented, issue-driven agenda.

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SEIU California accomplishes its mission through: Member and Public Education, Member

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Mobilization, Voter Registration, “Get out the Vote” efforts, Legislative Advocacy in the Capitol

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and in Districts, and Activists’ Training. SEIU California works in the areas of healthcare, long-

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term care, public services (both state workers and local), and building services.

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Asian Americans Advancing Justice - Los Angeles is the nation’s largest legal and civil
rights organization for Asian Americans, Native Hawaiians, and Pacific Islanders (NHPI).
Legal Aid at Work (“LAAW”) is a nonprofit legal organization, based in San Francisco,

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California, whose mission is to protect and expand the employment and civil rights of

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underrepresented workers and community members.

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The Maintenance Cooperation Trust Fund (“MCTF”) is a California statewide watchdog
organization working to abolish illegal and unfair business practices in the janitorial industry.

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United Food and Commercial Workers International Union (“UFCW”) is a labor

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organization which represents working men and women across the United States. UFCW’s 1.3

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million members work in a range of industries, with a majority working in retail food,

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meatpacking and poultry, food processing and manufacturing, and non-food retail.

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UNITE HERE International Union represents workers throughout the U.S., including
California, and Canada, who work in the hotel, gaming, and food service industries.

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
800 Wilshire Blvd, Suite 1320
Los Angeles, California 90017
[phone]

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Unopposed Motion for Leave to File Brief of Amici Curiae California Labor Federation, et al.
Case No. 2:18-cv-00490-JAM-KJN

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REASONS WHY THE MOTION SHOULD BE GRANTED
District courts have “broad discretion” to appoint amicus curiae. Hoptowit v. Ray, 682 F.

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2d 1237, 1260 (9th Cir. 1982). “District courts frequently welcome amicus briefs from non-

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parties . . . if the amicus has unique information or perspective that can help the court beyond the

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help that the lawyers from the parties are able to provide.” Nat’l Petrochemical & Refiners Ass’n

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v. Goldstene, 2010 U.S. Dist. LEXIS 61394, at *5 (E.D. Cal. June 3, 2010) (quoting Sonoma

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Falls Developers, L.L.C. v. Nev. Gold & Casinos, Inc., 272 F. Supp. 2d 919, 925 (N.D. Cal.

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2003)).

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The Court should exercise its discretion to permit Amici California Labor Federation,

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California State Council of Service Employees, et al. to file the attached brief. Amici are able to

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present the Court with a ground-level view of how AB 450 protects California employees

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regardless of immigration status through the stories of individuals directly impacted. Amici have

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a unique understanding of the harms that the law was intended to address. Moreover, amici have

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witnessed firsthand the ability of employers to concurrently comply with labor obligations and

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federal immigration law. This demonstrates concretely that AB 450 does not interfere with

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enforcement of federal immigration law.

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DISCLOSURE STATEMENT
No proposed Amici is owned by any publicly held company.

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CONCLUSION
For these reasons, Amici California Labor Federation, California State Council of Service

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Employees, et al. respectfully request that the Court grant this unopposed motion and accept for

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filing the attached amici curiae brief in support of Defendants’ opposition to Plaintiff’s motion for

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a preliminary injunction.

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Dated: May 18, 2018

WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
800 Wilshire Blvd, Suite 1320
Los Angeles, California 90017
[phone]

/S/ Monica T. Guizar
By: ANTONIO RUIZ
MONICA T. GUIZAR
ERIC J. WIESNER
Attorneys for Amici California Labor Federation, et al.

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Unopposed Motion for Leave to File Brief of Amici Curiae California Labor Federation, et al.
Case No. 2:18-cv-00490-JAM-KJN

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CERTIFICATE OF SERVICE
Case Name:

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The United States of America v.
The State of California, et al.

No. 2:18-cv-00490-JAM-KJN

I hereby certify that on May 18, 2018, I electronically filed the following documents with
the Clerk of the Court by using the CM/ECF system:

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UNOPPOSED MOTION FOR LEAVE TO FILE BRIEF OF AMICI
CURIAE CALIFORNIA LABOR FEDERATION, CALIFORNIA
STATE COUNCIL OF SERVICE EMPLOYEES, ET AL. IN
SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S
MOTION FOR PRELIMINARY INJUNCTION

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I certify that all participants in the case are registered CM/ECF users and that service will

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be accomplished by the CM/ECF system.
I declare under penalty of perjury under the laws of the State of California the foregoing is

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true and correct and that this declaration was executed on May 18, 2018, at Los Angeles,

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California.

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Melanie Garion
Declarant

/S/ Melanie Garion
Signature

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
800 Wilshire Blvd, Suite 1320
Los Angeles, California 90017
[phone]

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Unopposed Motion for Leave to File Brief of Amici Curiae California Labor Federation, et al.
Case No. 2:18-cv-00490-JAM-KJN