Covington v. Department of Social Services

Filing 52

ORDER REQUESTING SUPPLEMENTAL BRIEFING. Signed by Judge Alsup on 4/29/2014. (whalc2, COURT STAFF) (Filed on 4/29/2014).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SANDRA COVINGTON,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 12-04688 WHA
v.
DEPARTMENT OF SOCIAL SERVICES,
ORDER REQUESTING
SUPPLEMENTAL BRIEFING

Defendant.
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Defendant Department of Social Services has filed a motion for summary judgment, set

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for hearing on May 8, 2014. In connection with that motion, the undersigned judge is aware that

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certain claims in the amended complaint are brought under California’s Fair Employment and

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Housing Act (i.e., unlawful race discrimination, hostile work environment harassment, and

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retaliation). Of note, the Department appears to be a California state agency, and has raised the

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affirmative defense of sovereign immunity in its answer (Dkt. No. 25 at 7).

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Our court of appeals has held that “the Eleventh Amendment bars [a plaintiff’s] FEHA

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claim in federal court” against a state agency. Freeman v. Oakland Unified Sch. Dist., 179 F.3d

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846, 847–48 (9th Cir. 1999); see also Burks v. California Highway Patrol, 2 F. App’x 887, 888

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(9th Cir. 2001). Accordingly, counsel are requested to please file supplemental briefing, no

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longer than THREE PAGES PER SIDE, to address the effect of Freeman on plaintiff’s FEHA

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claims here. This supplemental briefing is due no later than 12 PM ON MAY 2, 2014.

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IT IS SO ORDERED.
Dated: April 29, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE