Amalgamated Transit Union International et al v. United States Department Of Labor et al

Filing 36

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/18/2020 ORDERING that Federal Defendants' and Defendant-Intervenor's separate cross-motions for summary judgment shall be filed by 12/18/2020, Plaintiffs' consolidated reply and opposition brief shall be filed by 1/18/2021, and Federal Defendants' and Defendant-Intervenor's reply briefs shall be filed by 2/24/2021. The 2/12/2021 33 Motion for Summary Judgment Hearing and Case Management Conference are CONTINUED until the first hearing date before this Court falling at least 2 weeks after 2/24/2021. (Huang, H)

Case 2:20-cv-00953-KJM-DB Document 36 Filed 11/18/20 Page 1 of 3

JEFFREY BOSSERT CLARK
1 Acting Assistant Attorney General
MCGREGOR W. SCOTT
2 United States Attorney
BRAD P. ROSENBERG
3 Assistant Director
PETER M. BRYCE
4 Trial Attorney
United States Department of Justice
5 Civil Division, Federal Programs Branch
1100 L Street, N.W., Rm 11220
6 Washington, D.C. 20005
Tel: [phone]; Facsimile: [phone]
7 [e-mail]
8 Attorneys for Federal Defendants
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMALGAMATED TRANSIT UNION,
INTERNATIONAL, et al.,

CASE NO. 2:20-cv-00953-KJM-DB

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Plaintiffs,
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v.
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UNITED STATES DEPARTMENT OF
LABOR, et al.,

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STIPULATION AND REQUEST TO MODIFY
BRIEFING SCHEDULE ON CROSS-MOTIONS
FOR SUMMARY JUDGMENT

Defendants,
STATE OF CALIFORNIA,

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Defendant-Intervenor,

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This Stipulation and Request is entered into by and between the parties, Plaintiffs

22 Amalgamated Transit Union International, et al. (“Plaintiffs”), Defendants United States Department
23 of Labor and Secretary of Labor Eugene Scalia (“Federal Defendants”), and the State of California
24 (“Defendant-Intervenor”), through their respective undersigned counsel based on the following facts.
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1.

On September 4, 2020, this Court ordered a briefing schedule on cross-motions for

26 summary judgment. Under that schedule, Plaintiffs have filed their motion for summary judgment
27 on October 2, 2020, and the separate cross-motions of Defendants and Intervenor-Defendant are due
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STIPULATION AND REQUEST TO MODIFY BRIEFING SCHEDULE ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
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Case 2:20-cv-00953-KJM-DB Document 36 Filed 11/18/20 Page 2 of 3

1 today, November 17, 2020.
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2.

Counsel for Federal Defendants today identified a previously unanticipated issue that

3 may affect the contours of their legal arguments. In order to allow Federal Defendants to fully
4 present their position, as well as to allow appropriate time for internal review, Federal Defendants
5 respectfully seek an additional thirty days to file their cross-motion for summary judgment.
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3.

Accordingly, the parties seek to modify the current briefing schedule by extending all

7 deadlines by approximately thirty days for each brief. Federal Defendants’ and Defendant8 Intervenor’s separate cross-motions for summary judgment shall be filed by December 18, 2020.
9 Plaintiffs’ consolidated reply and opposition brief shall be filed by January 18, 2021. Federal
10 Defendants’ and Defendant-Intervenor’s reply briefs shall be filed by February 24, 2021.
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4.

In the interest of judicial economy, all parties also request that both the February 12

12 hearing on Plaintiffs’ pending summary judgment motion and the Case Management Conference set
13 for that same date be continued to the first available hearing date before this Court falling at least
14 two weeks after February 24, 2021.
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Dated: November 17, 2020

Respectfully submitted,

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BREDHOFF & KAISER, P.L.L.C.

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/s/ Andrew D. Roth
(as authorized on November 17, 2020)
ANDREW D. ROTH
Attorneys for Plaintiffs

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STIPULATION AND REQUEST TO MODIFY BRIEFING SCHEDULE ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
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Case 2:20-cv-00953-KJM-DB Document 36 Filed 11/18/20 Page 3 of 3

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Dated: November 17, 2020
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JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
BRAD P. ROSENBERG
Assistant Branch Director

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/s/ Peter M. Bryce
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PETER M. BRYCE
Senior Trial Counsel
Attorney for Defendants

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10 Dated: November 17, 2020
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XAVIER BECERRA
Attorney General of California
PAUL STEIN
Supervising Deputy Attorney General

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/s/ Anna Ferrari
(as authorized on November 17, 2020)

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ANNA FERRARI
Deputy Attorney General
Attorneys for Defendant-Intervenor

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ORDER

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Pursuant to stipulation, IT IS SO ORDERED. Federal Defendants’ and Defendant-

19 Intervenor’s separate cross-motions for summary judgment shall be filed by December 18, 2020.
20 Plaintiffs’ consolidated reply and opposition brief shall be filed by January 18, 2021. Federal
21 Defendants’ and Defendant-Intervenor’s reply briefs shall be filed by February 24, 2021. In the
22 interests of judicial economy, the February 12, 2021 hearing on Plaintiffs’ pending summary
23 judgment motion, and the Case Management Conference set for that same date, is continued until the
24 first hearing date before this Court falling at least two weeks after February 24, 2021.
25 DATED: November 18, 2020.
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STIPULATION AND REQUEST TO MODIFY BRIEFING SCHEDULE ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
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