Guerrero v. California Department of Corrections & Rehabilitation et al

Filing 148

REQUEST FOR RESPONSE Response due by 4/10/2015 at noon.. Signed by Judge Alsup on April 7, 2015. (whalc1, COURT STAFF) (Filed on 4/7/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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VICTOR GUERRERO,

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Plaintiff,

No. C 13-05671 WHA

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For the Northern District of California

United States District Court

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v.
CALIFORNIA DEPARTMENT OF CORRECTIONS
AND REHABILITATION; STATE PERSONNEL
BOARD; et al.,

REQUEST FOR RESPONSE

Defendants.

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In light of the voluminous summary judgment record, this order asks the parties to please
confirm the following facts:
1.

Victor Guerrero held “undocumented” status in our country from 1990 to 2007.

Guerrero entered this country in 1990 (age eleven).

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2.

Guerrero first used a false SSN in 1995 (age fifteen).

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3.

Guerrero obtained an ITIN in 1997 (age seventeen).

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4.

As an adult, Guerrero used a false SSN from 1997 (age eighteen) to 2007 (age 28).

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5.

Guerrero became a lawful permanent resident in 2007.

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6.

The first year Guerrero could lawfully qualify for a genuine SSN was 2007.

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7.

Guerrero could not qualify for a genuine SSN in 1997.

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8.

Guerrero acquired a genuine SSN in 2007.

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9.

Guerrero became a naturalized U.S. citizen in 2011 (age 32).

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10.

Attached is a diagram of CDCR correctional officer applicants from 2009 to 2014.

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Please confirm that this diagram accurately reflects the facts in our record and that there are no
areas of disagreement.

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11.

After the budget fell out for adding a polygraph, CDCR added Question No. 75.

Please explain the connection, if any, between the proposed polygraph and Question No. 75.
12.

Guerrero is currently employed as a cashier clerk at San Joaquin County Human

Resources Division.
The parties shall please respond to this request in a submission NOT TO EXCEED

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TWO PAGES

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above, please respond with either: (1) agree or (2) disagree. For any areas of disagreement,

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please provide a pin cite (e.g., docket number, page number, paragraph in declaration) to our

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summary judgment record and a short, specific description of the disagreement. This is not an
opportunity to expand the summary judgment record.

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Dated: April 7, 2015.
For the Northern District of California

United States District Court

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(no attachments and no footnotes) by APRIL 10 AT NOON. For each item listed

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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Correctional Officer Candidates
(2009−2014)
23,292 Applicants
10,357 Latino 12,935 Non-Latino
Yes to Question No. 75
42 Applicants

33 Latino

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Withheld

9 Withheld in
whole or in part
for false SSN

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Cleared

10 Withheld
w/o mention
of false SSN

9 Non-Latino

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Withheld

0 Withheld in
whole or in part
for false SSN

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Cleared

6 Withheld
w/o mention
of false SSN