Amalgamated Transit Union Int'l v. U.S. Dept. of Labor ( 2020 )

1 ANDREW D. ROTH, D.C. Bar No. 414038 BREDHOFF & KAISER, P.L.L.C. 2 805 15th Street, N.W., Suite 1000 Washington, D.C. 20005 3 Telephone: (202) 842-2600 Email: aroth@bredhoff.com 4 BENJAMIN KERL LUNCH, State Bar No. 246015 5 NEYHART, ANDERSON, FLYNN & GROSBOLL 6 44 Montgomery Street, Suite 2080 San Francisco, CA 94104-6702 7 Telephone: (415) 677-9440 Fax: (415) 677-9445 8 Email: blunch@neyhartlaw.com 9 Attorneys for Plaintiffs 10 [Counsel for additional parties listed on following page] 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 14 15 AMALGAMATED TRANSIT UNION, 2:20-cv-00953-KJM-DB INTERNATIONAL, et al., 16 Plaintiffs, 17 STIPULATION AND ORDER v. REGARDING SUMMARY JUDGMENT 18 BRIEFING SCHEDULE; REQUEST FOR UNITED STATES DEPARTMENT OF REMOTE APPEARANCE AT STATUS 19 LABOR, et al., CONFERENCE 20 Defendants, Dept: 3 Judge: The Honorable Kimberly J. 21 STATE OF CALIFORNIA, Mueller Action Filed: August 22, 2019 22 Defendant-Intervenor. 23 24 25 26 27 28 1 [Counsel for Additional Parties] 2 ETHAN P. DAVIS Acting Assistant Attorney General 3 BRAD P. ROSENBERG Assistant Branch Director 4 PETER M. BRYCE, IL Bar No. 6244216 Senior Trial Counsel 5 United States Department of Justice Civil Division, Federal Programs Branch 6 1100 L Street, N.W., Rm 11106 Washington, D.C. 20005 7 Telephone: (202) 616-8335 Fax: (202) 616-8470 8 E-mail: peter.bryce@usdoj.gov Attorney for Defendants 9 10 XAVIER BECERRA, State Bar No. 118517 Attorney General of California 11 PAUL STEIN, State Bar No. 184956 Supervising Deputy Attorney General 12 ANNA FERRARI, State Bar No. 261579 Deputy Attorney General 13 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 14 Telephone: (415) 510-3779 Fax: (415) 703-5480 15 E-mail: Anna.Ferrari@doj.ca.gov Attorneys for Defendant-Intervenor 16 the State of California 17 18 19 20 21 22 23 24 25 26 27 28 1 JOINT STIPULATION REGARDING SUMMARY JUDGMENT BRIEFING SCHEDULE 2 Pursuant to Civil Local Rule 143, the parties to the above-captioned case submit and 3 stipulate to the following: 4 WHEREAS, plaintiffs Amalgamated Transit Union International, et al. (“Plaintiffs”) filed a 5 complaint on August 22, 2019, challenging an administrative decision to certify federal grant 6 applications to California regional transit agencies as protective of the interests of transit 7 employees under Section 13c of the Urban Mass Transportation Act, 49 U.S.C. § 5333(b), over 8 Plaintiffs’ objections based on the California Public Employee Pension Reform Act of 2013, Cal. 9 Gov’t Code § 7522 et seq. (ECF No. 1); 10 WHEREAS, defendants United States Department of Labor and Eugene Scalia, in his 11 official capacity as Secretary of the Department of Labor (“Defendants”), submitted a certified 12 list of the contents of the administrative record on December 12, 2019 (ECF No. 15), and has 13 produced the contents of this list; 14 WHEREAS, on June 3, 2020, this case, having been transferred from the District of 15 Columbia to the Eastern District of California under 28 U.S.C. § 1404(a) on the motion of 16 defendant-intervenor State of California (“Defendant-Intervenor”), was reassigned to the 17 Honorable Kimberly J. Mueller and related to State of California, et al. v. United States 18 Department of Labor, et al., No. 2:13-cv-02069-KJM-DB (ECF No. 28); 19 WHEREAS, this Court has ordered that a Status (Pretrial Scheduling) Conference be set for 20 October 8, 2020 at 02:30 PM (ECF No. 29); 21 WHEREAS, this case concerns review of an administrative decision that is appropriate for 22 resolution by summary judgment (City & Cnty. of San Francisco v. United States, 130 F.3d 873, 23 877 (9th Cir. 1997)); and 24 WHEREAS, in the interest of expedience, the parties wish to stipulate to a mutually 25 agreeable briefing schedule. 26 NOW, THEREFORE, the parties hereby stipulate and request that the Court enter an order 27 directing the parties to brief cross-motions for summary judgment on the following schedule, and 28 1 granting leave to exceed the page limits for motions under the Court’s Standing Orders, as 2 specified below: 3  Plaintiffs shall file their motion for summary judgment and their supporting brief 4 (limited to 20 pages) by October 2, 2020; 5  Defendants and Defendant-Intervenor shall each have the right to file a separate cross- 6 motion for summary judgment, together with a separate brief supporting its cross- 7 motion and opposing Plaintiffs’ motion (limited to 30 pages each), by November 17, 8 2020; 9  Plaintiffs shall file a single opposition/reply brief in response to the two separate briefs 10 filed by Defendants and Defendant-Intervenor (limited to 30 pages) by December 17, 11 2020; and 12  Defendants’ and Defendant-Intervenor’s shall each have the right to file a separate reply 13 to Plaintiffs’ opposition/reply brief (limited to 15 pages each) by January 25, 2021. 14 15 REQUEST FOR REMOTE APPEARANCE AT STATUS CONFERENCE 16 This briefing schedule, if entered by the Court, would resolve a primary purpose of the 17 Status Conference set for October 8, 2020, should the Court wish to take the Status Conference 18 off calendar. If the October 8 Status Conference proceeds as scheduled, in the event General 19 Order 618 is no longer in effect, Plaintiffs and Defendants hereby request leave to appear by 20 telephone or videoconference to avoid cross-county travel during the COVID-19 pandemic. 21 Defendant-Intervenor does not oppose this request. On the date of the status conference, counsel 22 for Plaintiffs can be reached at 301-659-7107, and counsel for Defendants can be reached at 202- 23 598-3791. 24 25 26 27 28 1 Dated: August 21, 2020 Respectfully submitted, 2 BREDHOFF & KAISER, P.L.L.C. 3 4 /s/ Andrew D. Roth (as authorized on August 21, 2020) 5 ANDREW D. ROTH 6 Attorneys for Plaintiffs 7 8 9 10 Dated: August 21, 2020 ETHAN P. DAVIS Acting Assistant Attorney General 11 BRAD P. ROSENBERG Assistant Branch Director 12 /s/ Peter M. Bryce 13 (as authorized on August 21, 2020) 14 PETER M. BRYCE Senior Trial Counsel 15 Attorney for Defendants 16 17 18 Dated: August 21, 2020 XAVIER BECERRA 19 Attorney General of California PAUL STEIN 20 Supervising Deputy Attorney General 21 /s/ Anna Ferrari 22 ANNA FERRARI Deputy Attorney General 23 Attorneys for Defendant-Intervenor 24 25 26 27 28 1 ORDER 2 Pursuant to stipulation, IT IS SO ORDERED. Plaintiffs’ motion for summary judgment 3 and supporting brief, which shall not exceed 20 pages, shall be filed by October 2, 2020. 4 Defendants’ and Defendant-Intervenor’s cross-motions for summary judgment, together with a 5 separate brief supporting each cross-motion and opposing Plaintiffs’ motion, which shall not 6 exceed 30 pages each, shall be filed by November 17, 2020. Plaintiffs’ consolidated reply and 7 opposition brief, which shall not exceed 30 pages, shall be filed by December 17, 2020; and 8 Defendants’ and Defendant-Intervenor’s reply briefs, which shall not exceed 15 pages each, shall 9 be filed by January 25, 2021. Plaintiffs and Defendants may appear remotely at the October 8, 10 2020 Status Conference. 11 DATED: September 4, 2020. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28