Covington v. Department of Social Services
ORDER REQUESTING SUPPLEMENTAL BRIEFING. Signed by Judge Alsup on 4/29/2014. (whalc2, COURT STAFF) (Filed on 4/29/2014).
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
No. C 12-04688 WHA
DEPARTMENT OF SOCIAL SERVICES,
Defendant Department of Social Services has filed a motion for summary judgment, set
for hearing on May 8, 2014. In connection with that motion, the undersigned judge is aware that
certain claims in the amended complaint are brought under California’s Fair Employment and
Housing Act (i.e., unlawful race discrimination, hostile work environment harassment, and
retaliation). Of note, the Department appears to be a California state agency, and has raised the
affirmative defense of sovereign immunity in its answer (Dkt. No. 25 at 7).
Our court of appeals has held that “the Eleventh Amendment bars [a plaintiff’s] FEHA
claim in federal court” against a state agency. Freeman v. Oakland Unified Sch. Dist., 179 F.3d
846, 847–48 (9th Cir. 1999); see also Burks v. California Highway Patrol, 2 F. App’x 887, 888
(9th Cir. 2001). Accordingly, counsel are requested to please file supplemental briefing, no
longer than THREE PAGES PER SIDE, to address the effect of Freeman on plaintiff’s FEHA
claims here. This supplemental briefing is due no later than 12 PM ON MAY 2, 2014.
IT IS SO ORDERED.
Dated: April 29, 2014.
UNITED STATES DISTRICT JUDGE
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