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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 SANDRA COVINGTON, Plaintiff, 11 For the Northern District of California United States District Court 10 12 13 No. C 12-04688 WHA v. DEPARTMENT OF SOCIAL SERVICES, ORDER REQUESTING SUPPLEMENTAL BRIEFING Defendant. / 14 15 Defendant Department of Social Services has filed a motion for summary judgment, set 16 for hearing on May 8, 2014. In connection with that motion, the undersigned judge is aware that 17 certain claims in the amended complaint are brought under California’s Fair Employment and 18 Housing Act (i.e., unlawful race discrimination, hostile work environment harassment, and 19 retaliation). Of note, the Department appears to be a California state agency, and has raised the 20 affirmative defense of sovereign immunity in its answer (Dkt. No. 25 at 7). 21 Our court of appeals has held that “the Eleventh Amendment bars [a plaintiff’s] FEHA 22 claim in federal court” against a state agency. Freeman v. Oakland Unified Sch. Dist., 179 F.3d 23 846, 847–48 (9th Cir. 1999); see also Burks v. California Highway Patrol, 2 F. App’x 887, 888 24 (9th Cir. 2001). Accordingly, counsel are requested to please file supplemental briefing, no 25 longer than THREE PAGES PER SIDE, to address the effect of Freeman on plaintiff’s FEHA 26 claims here. This supplemental briefing is due no later than 12 PM ON MAY 2, 2014. 27 28 IT IS SO ORDERED. Dated: April 29, 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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