# Joint Appendix — Chamber of Commerce of United States v. Brown > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385016_0515%3A09 ## Record - **Collection:** Supreme Court brief - **Document type:** Joint Appendix - **Published:** January 1, 2008 - **Citation:** 554 U.S. 60 ## Text a Om ee — -— “a ee o — yg as 363 PR No. 06-939 —_—_—_—_—_—_— rrr IN THE Supreme Court of the United States CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, ET AL., Petitioners, V. EDMUND G. BROWN, JR., Z7'AL., Respondents. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit JOINT APPENDIX EDMUND G. BROWN, JR. WILLIS J. GOLDSMITH Attorney General of the (Counsel of Record) State of California JONES DAY ANGELA SIERRA 222 East 41st Street Supervising Deputy New York, NY 10017 Attorney General (212) 326-3649 (Counsel of Record) Counsel for Petitioners 300 South Spring Street Los Angeles, CA 90013 (213) 620-6312 Counsel for Respondents Edmund G. Brown, Jr., et al. WiLSON-EPES PRINTING CO., INC. — (202) 789-0096 — WASHINGTON, D.C. 20002 Petition for Certiorari Filed January 5, 2007 Petition for Certiorari Granted November 20, 2007 JANET GAARD Acting Chief Assistant Attorney General MANUEL M. MEDEIROS State Solicitor General LOUIS VERDUGO, JR. Senior Assistant Attorney General GORDON BURNS Deputy Solicitor General RICHARD T. WALDOW Supervising Deputy Attorney General 300 South Spring Street Los Angeles, CA 90013 (213) 620-6312 Counsel for Respondents Edmund G. Brown, Jr., et al. STEPHEN P. BERZON ScoTT A. KRONLAND (Counsel of Record) STACEY M. LEYTON ALTSHULER BERZON LLP 177 Post Street, Ste. 300 San Francisco, CA 94108 (415) 421-7151 Counsel for Respondents American Federation of Labor and Congress of Industrial Organizations and California Labor Federation MICHAEL A. CARVIN NOEL J. FRANCISCO LUKE A. SOBOTA JONES DAY 51 Louisiana Avenue, N.W. Washington, D.C. 20001 (202) 879-3939 Counsel for Petitioners ROBIN S. CONRAD SHANE BRENNAN NATIONAL CHAMBER LITIGATION CENTER, INC. 1615 H Street, N.W. Washington, D.C. 20062 (202) 463-5337 Of Counsel for Petitioners STEVEN J. LAW STEPHEN A. BOKAT OFFICE OF CHIEF LEGAL OFFICER AND GENERAL COUNSEL, U.S. CHAMBER OF COMMERCE 1615 H STREET, NW WASHINGTON, DC 20062 (202) 463-5576 Of Counsel for Petitioners BRADLEY W. KAMPAS SCOTT OBORNE JACKSON LEWIS LLP 199 Fremont Street 10th Floor San Francisco, CA 94105 (415) 394-9400 Of Counsel for Petitioners CONTENTS Docket Sheet, Case No. 03-55166 in the United States Court of Appeals for the Ninth Docket Sheet, Case No. 03-55169 in the United States Court of Appeals for the Ninth I a denlicnpecnsceres 24 Docket Sheet, Case No. CV-02-00377-GLT in the United States District Court for the Central District of California, Southern EE SG RS SSE IIT A AR EA AAS YS 48 District Court Docket Entry 1, Complaint, filed (SRE VED Se ST ep ce ok” Ae Se ee 94 District Court Docket Entry 30, Declaration of Nancy Armentrout in Support of Plaintiffs’ Motion for Summary Judgment and Exhibits, filed 5/24/2002 ..................cssseeeeeeeeeeees 128 District Court Docket Entry 32, Declaration of Ronald S. Cohen in Support of Motion for Summary Judgment, filed 5/24/2002 ............... 152 District Court Docket Entry 34, Declaration of Stephen Highland in Support of Plaintiffs’ Motion for Summary Judgment, filed SIE REA RS SARE OE Od 155 District Court Docket Entry 41, Declaration of Mort Swales in Support of Plaintiffs’ Motion for Summary Judgment, filed RE SRS RTS DR TRE 160 a." 2 fi ae me els as, eee ee are ET ge Pop Oe ee EEE hee! PP CE ee ae ne li CONTENTS (continued) District Court Docket Entry 43, Declaration of Daniel Zilafro in Support of Plaintiffs’ Motion for Summary Judgment, filed Gr aahaticencidnthclaivincitdadtbiaidiinigcancinpessaccscerioce District Court Docket Entry 75, Exhibits to Declaration of Mark A. Johnson in Support of Plaintiffs’ Request for Judicial Notice, NEE I ihseidsichcspintncnninibereanarsiveccerccercacece District Court Docket Entry 76, Exhibits to Declaration of Nancy Armentrout in Support of Plaintiffs’ Request for Judicial Notice, filed 6/28/2002 ...........sccsccssecesssseeseeees District Court Docket Entry 96, Declaration of Gene Morrow in Support of Defendants’ Motion for Summary Judgment, and Exhibits, filed 8/05/2002 ............c..sccscssseseeseeees District Court Docket Entry 97, Declaration of Frank Vanacore in Support of Defendants’ Motion for Summary Judgment, and Exhibits, filed 8/05/2002 ..............sscccsscseeeesseees District Court Docket Entry 107, Declaration of Frank Azcarte in Opposition to Plaintiffs’ Motion for Summary Judgment, and Exhibits, filed 8/19/2002 ................sssssssseeseeeees a — ee? bg oy a. - Rey Pet ety pees NS ORD ae og eG Ae id Pe Tae ee we ee —2 Lar. ther ee | a #5) : ; : iil CONTENTS (continued) District Court Docket Entry 110, Declaration of Nicholas Ross in Opposition to Plaintiffs’ Motion for Summary Judgment, and Exhibits, filed 8/19/2002 ..................ssescseceseeeeees 280 District Court Docket Entry 118, Declaration of Darryl Nixon, filed 8/19/2002 ....................... 298 District Court Docket Entry 119, Exhibits to Declaration of Bradley W. Kampas in Opposition to Defendants’ and Intervenors’ Motion for Summary Judgment, filed ids ic ice cetera libvdataidibliavesecerenrcecece 303 District Court Docket Entry 126, Intervenors’ Reply Memorandum in Support of Motion for Summary Judgment, filed 8/30/2002.......... 322 District Court Docket Entry 130, Defendants’ Memorandum of Points and Authorities in Reply to Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment, aia scnsansvovnsese 330 District Court Docket Entry N/A, [Proposed] Statement of Uncontroverted Facts and Conclusions of Law in Support of Plaintiffs’ Motion for Summary Judgment, placed in file, not used, 9/25/2002 .................ccccceseeeeeeeeeees 337 District Court Docket Entry 166, Judgment and Order, filed 1/03/2008 ...................cccceeeeeeees 348 General Docket U.S. Court of Appeals for the Ninth Circuit Court of Appeals Docket #: 03-55166 CHAMBER OF COMMERCE OF THE UNITED STATES, et al. Plaintiffs— Appellees Vv. BILL LOCKYER, Attorney General, e¢ a/. Defendants 1/28/03 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. CADS SENT (Y/N): N. setting schedule as follows: Fee payment is due 2/11/03 ; : appellant's designation of RT is due 1/17/03, ; appellee's designation of RT is . due 1/27/03,, ; appellant shall order transcript by 2/6/03, ; court reporter shall file transcript in DC by 3/10/03; certificate of record shall be filed by 3/17/03 ; appellant's opening brief is due 4/25/03, ; appellees' brief is due 5/27/03,, ; 3 appellants' reply brief is due 6/9/03, ; [03- 55166] (pg) [03-55166] 1/28/03 Filed representation statement by Scott A. Kronland for Intervenors-Appellants . served on 01/6/03 attached to NOA | (CASEFILE) [03-55166] (pg) [03-55166] 1/28/03 _—‘ Filed Scott A. Kronland for Appellant CA q Labor Federation, Appellant AFL-CIO & - PS ey : aon te tee e a ee er ee le Se ae ee ae. ee eee ee Oe re eee ee 2/5/03 2/12/03 2/12/03 2/14/03 2/14/03 2 Wholesale Civil Appeals Docketing Statement served on 1/6/03 (to CONFATT) [03-55166] [03-55166] (pg) [03-55166] | Received notification from District Court re payment of docket fee. ( Date: pd: 2/4/03) [03-55166] (lu) [03-55166] Filed Appellants in 03-55169 mtn to stay judgment of the District Court, to consolidate appeals 03-55169 and 03- 55166, to exp briefing and oral argument served on 2/11/03 MOATT. [03-55169, 03- 55166] (kkw) [03-55166 03-55169] Case rejected from Circuit Mediation Program. (sa) (02-17161 02-17351 02- 17508 02-57002 02-57052 02-57092 02- 57146 02-57166 03-15032 03-15041 03- 15087 03-15192 03-35023 03-55012 03- 55056 03-55147 03-55166 03-55169 03- 55232] Filed aplts mtn for joinder to stay judgment, to consolidate appeals, & to expedite brfg & oral argument & declaration in support of; served on 2/14/03 (MOATT) [03-55166, 03-55169] (mhf) [03-55166 03-55169] Received Appellant American Federation of Labor & Congress of Industrial Organizations dated 2/13/03 re: req their name be corrected. [03-55166] (mhf) [03- 55166] 3/4/03 3/13/03 ae ae Se 4/8/03 4/16/03 4/16/03 5 haw ie 3 Filed Aplt's reply to aples' opposition to stay, consolidate & expedite brfg & oral argument; served on 3/4/03 (Aple's opposition not recd yet) (MOATT) [03- 55166] (mhf) [03-55166] Filed order ( Robert R. BEEZER, M. M. McKEOWN, ): (MOATT) APLTS' MTNS: to consolidate 03-55166 with 03-55169 is GRANTED, to stay dc judgment is DENIED, to expedite these appeals is GRANTED. The opn br is due 4/16/03; the answ br is due 5/16/03 & the opt rpy br is due w/in 14 days from svc of the answ brs. The clk shall place these consolidated appeals on the next available calendar aft completion of brfg. [03- 55166, 03-55169] (mhf) [03-55166 03- 55169] Rec'd notice of correct mailing address from Suzanne M. Ambrose for Bill Lockyer, et al dated 4/7/03 (Chg to: Supervising Deputy Atty Gen, Office of the Atty Gen, 1300 "I" Street, 9th FI, Sacramento, CA 95814, phoe 916/324- 0244, fax 916/327-8192) [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Filed original and 15 copies Aplts AFL- CIO's opening brief ( Informal: NO) 48 pages and five excerpts of record in lvolumes; served on 4/15/03 [03-55166, 03-55169] (mhf) [03-55166 03-55169] Received Appellant Bill Lockyer in 03- ; i J : 4 ‘ ; : a 4/24/03 4/24/03 5/9/03 5/20/03 5/21/03 4 55169's brief in 15 copies 24 pages ( Informal: NO) & 5 copies of Excs in 1 vol deficient (Missing proof of svc): notified counsel. [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Received aplt (Bill Lockyer)'s satisfaction of (major) brief deficiency, served on 4/23/03 (Proof of svc of the opn br.) [03- 55166, 03-55169] (mhf) [03-55166 03- 55169} Filed original and 15 copies Appellant Bill Lockyer in 03-55169 opening brief ( Informal: NO) 24 pages and five excerpts of record in lvolumes; served on 4/15/03 [03-55166, 03-55169] (mhf) [03-55166 03- 55169] Filed aplts' motion to extend time to file reply brief until 6/13/03 [03-55166, 03- 55169] served on 5/9/03 [Work in progress per PROMO) [03-55166, 03-55169]} (mhf) [03-55166 03-55169] Filed order (Deputy Clerk: gss) (PROMO) Aplts' motion for an ext of tm to file the reply br is GRANTED. The optional reply br is due 6/13/03. If aples wish to have an ext of time to file their br, they must file a motion on their behalf. in 03-55166, 03- 55169 [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Filed AMENDED order (Deputy Clerk: gss) (PROMO) The order filed 5/20/03 is AMENDED: The answering br is due ~ a oe ., ’ ei : A § Bet fn in Se ee la ae a Bee i Ae, [- 5/23/03 6/3/03 6/3/03 6/3/03 5 5/23/03. The optional reply br is due 6/13/03. All parties are reminded if a party requests for an extension of time to file a br, the moving party can only request for an extension of time to file a br for their own side & must show good cause for the request for the extension. 9th C.R. 31-2.2 [03-55166, 03-55169] (mhf) [03-55166 03-55169] Filed original and 15 copies appellee 's 61 pages brief, & 5 copies of Supplemental Excerpts of Record in 3 vols; served on 5/23/03 [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Filed aples motion of take judicial notice and deputy clerk order: (Deputy Clerk: tah) Aples' request for judicial notice, any related filings, & any future such requests are referred for disposition to thepanel that considers the merits of the case. ( Motion recvd 5/23/03) [03-55166, 03- 55169] (mhf) (03-55166 03-55169] Received amicus brief of Amicus LPA, Inc & Assoc Builders & Contractors, Inc. in support of Aples; 15 copies of 34 pages; deficient: (Need mtn to file); served on 5/30/03 Notified counsel. [03-55166, 03- 55169] response to brief deficiency notice due 6/17/03 in 03-55166, in 03-55169; (mhf) [03-55166 03-55169] Received amicus Associated Builders & Contractors, Inc's satisfaction of (major) . ye a i: ave vient bys ee = am ee RS 4 se r Gi 6 ae, £ > +t “3 = im A thd Piga* > a ey , 2 ay) + . >> yo? oa ts née or 7 Pe R 2 , 4 Sam Sad wey. aU “a ess 1 ; : 6/3/03 6/5/03 6/12/03 6/17/03 6/20/03 6/20/03 brief deficiency. (by verification of the parties consent on page 1 of the br) [03- 55166, 03-55169] (mhf) [03-55166 03- 55169] Filed original and 15 copies of Amicus Curiae LPA, Inc & Assoc Builders & Contractors br of 34 pages in support of Aples; served on 5/30/03 [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Filed original and 15 copies NLRB brief of 29 pages; served on 6/4/03 (NOTE: National agency- no mtn required) [03- 55166, 03-55169] (mhf) [03-55166 03- 55169] Filed aplts' mtns to ext the time to file the reply brief until 6/20/03 & order: (Deputy Clerk: tah) (PROMO) The mtn is GRANTED. in 03-55166, 03-55169 ( Motion recvd 6/6/03) [(03-55166, 03- 55169] (mhf) [03-55166 03-55169] Calendar check performed [03-55166, 03- 55169] (mw) [03-55166 93-55169] Received orig. 15 copies defs/aplts Bill Lockyer et al in 03-55169, reply brief ( Informal: no ) of 21 pages; served on 6/19/03 deficient no cert of comp. Notified counsel. response to brief deficiency notice due 7/7/03 (dg) [03-55166 03-55169] Filed aplt's motion to take judicial notice of; served on 6/19/03 [MERITS per promo] [03-55166, 03-55169] (mhf) [03-55166 03- wn a p | , : ae i Ee SE eae PO LPN Ee ee OS en iS i aoe rr WL Be gt 6/23/03 6/23/03 6/23/03 6/25/03 6/25/03 6/25/03 6/27/03 55169] Filed aplts' motion to take judicial notice [03-55166, 03-55169] served on 6/20/03 (MERITS per 6/3/03 order) [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Received original and 15 copies aplts' substitute brief of 37 pages; served on 6/20/03 (Deficient: oversized - recd with mtn to file oversz br) (1 copy of br with _ mtn to PROMO) [03-55166, 03-55169] (mhf) [03-55166 03-55169] Filed Appellants’ motion to file oversized brief [03-55166, 03-55169] served on 6/20/03 [Work in progress per PROMO) [03-55166, 03-55169] (mhf) [03-55166 03- 55169] Received dfdt aplts Bill Lockyer's satisfaction of (major) brief deficiency, served on 6/24/03 (Cert of Compliance) [03-55166, 03-55169] (mhf) [03-55166 03- 55169] Filed original and 15 copies aplts Bill Lockyer, et al's reply br in 03-55169 (Informal: NO ) 21 pages; served on 6/19/03 [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Filed Aplts AFL-CIO's response to aples' req for judicial notice; served on 6/20/03 (MERITS) [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Calendar materials being prepared. [03- 7/1/03 7/9/03 7/14/03 7/14/03 7/28/03 8/26/03 8 55166, 03-55169] [03-55166, 03-55169] (aw) [03-55166 03-55169] CALENDARED: PASA Sept 12 2003 900 am Courtroom 3 ** case to be heard 1st on cal ** [03-55166, 03-55169] (aw) [03- 55166 03-55169] Sent document: aplt's mtn to file oversized reply br (filed 6/23/03) w/copy of brief sent to PANEL per request of PROMO [03-55166, 03-55169] (gar) [03- 55166 03-55169] Filed order (Deputy Clerk: hh) Intervenors-appellants' motion for leave to file an oversized reply brief, filed 6/23/03, is GRANTED. [4775262-1] The clerk is instructed to file the reply brief, recvd 6/23/03. [03-55166, 03-55169] (hh) [03-55105 03-55169] Filed original and 15 copies intvrs-aplts AFL-CIO & Wholesale and CA Labor Federation in 03-55166 reply brief, ( Informal: n ) 37 pages; served on 6/20/03 (to PANEL) [03-55166, 03-55169] (hh) [03- 55166 03-55169] Filed certificate of record on appeal RT filed in DC : 3/21/03 [03-55166] (pg) [03- 55166] Filed order (Deputy Clerk: hh) Plaintiffs- Aples' request for judicial notice filed 6/3/03 is GRANTED. Defendants-aplts' request for judicial notice, filed 6/20/03 is 9/12/03 4/20/04 4/23/04 4/29/04 4/29/04 9 GRANTED. Intervenors-aplts' request for judicial notice filed 6/23/03 is GRANTED. [03-55166, 03-55169] (mhf) [03-55166 03- 55169] ARGUED AND SUBMITTED TO Robert R. BEEZER, Raymond C. FISHER, Morrison C. England [03-55166, 03- 55169] (rmw) [03-55166 03-55169] FILED OPINION: AFFIRMED. Each party shall bear its own costs on appeal. ( Terminated on the Merits after Oral Hearing; Affirmed; Written, Signed, Published. Robert R. BEEZER; Raymond C. FISHER, author; Morrison C. England. ) FILED AND ENTERED JUDGMENT. [03-55166, 03-55169] (mhf) [(03-55166 03-55169] Filed itv Appellants (AFL-CIO) motion for a 14-day ext of tm to file the pet for rhrg & rhrg en banc; served on 4/23/04 [PANEL] [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Filed order ( Raymond C. FISHER, ): granting intv appellant's mtn for ex of tm to file a pet for rhrg & rhrg enbanc. The pet shall be filed on or bef 5/18/04. (PHONED cs] & Faxed to PANEL: 3:42) [(03-55166, 03-55169] (mhf) [03-55166 03- 55169] Filed Appellant Bill Lockyer motion to extend time to file petition for rehearing until 5/18/04 [03-55166, 03-55169] served ? 4 . - : re . E 5/3/04 5/6/04 5/6/04 5/18/04 5/18/04 10 on 4/28/04 [Faxed to PANEL] [03-55166, 03-55169] (mhf) [03-55166 03-55169]) Filed Aplts (Dept of Health Svcs, Vanacore & Bonta)'s mtn for ext of tm until 5/18/04 to file pet for rhrg & rhrg en banc; served on 4/30/04 (Faxed to PANEL) [03-55166, 03-55169] (mhf) [03-55166 03- 55169] Filed order ( Raymond C. FISHER, ): granting aplt Dept of Health Services, Vanacore & Bonta's mtn for ext of tm to file the pet for rhrg & suggestion for rhrg enbanc. The pet is due 5/18/04. (PHONED/Faxed tv csl/PANEL: 3:26) in 03-55166, 03-55169 [03-55166, 03-55169] (mhf) [03-55166 03-55169] Filed order ( Raymond C. FISHER, ): granting appellant's Cal Atty Gen Bill Lockyer's mtn for an ext of tm to file the pet for rhg & suggestion for rhrg enbanc. The pet is due 5/18/04. (Phoned/Faxed csl/Panel: 3:26) in 03-55166, 03-55169 [03-55166, 03-55169] (mhf) [03-55166 03- 55169] Filed original and 50 copies Appellant Bill Lockyer in 03-55169 petition for panel rehearing and petition for rehearing en banc 9 p.pages, served on 5/17/04 (PANEL . & ALL ACTIVE JUDGES) [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Filed original and 50 copies Aplts Itvs AFL-CIO & Wholesale, CA Labor 6/9/04 6/30/04 7/9/04 7/9/04 11 Federation in 03-55166 petition for panel rehearing and petition for rehearing en banc 18 p.pages, served on 5/18/04 (PANEL & ALL ACTIVE JUDGES) [03- 55166, 03-55169] (mhf) [03-55166 03- 55169] Filed order ( Robert R. BEEZER, Raymond C. FISHER, Morrison C. England, ): Within 21 days from the date of this order, plfts aples are directed to file a resp to the separate pets for rhrg en banc filed on 5/18/04. Fifty copies of the resp shall be filed w/the clk of crt in SF, CA & shall not exceed 15 pgs. [03-55166, 03-55169] (mhf) [03-55166 03-55169] Received Appellee Chamber of Commerce et al's oversized response to petition for rhearing and rehearing en banc [5065755- 1} [5066430-1] served on 6/30/04 [03- 55166, 03-55169] PANEL AND ALL ACTIVE JUDGES (gar) [03-55166 03- 55169] Received Intervenors AFL-CIO & California Labor Federation AFL-CIO's reply in support of petition for rehearing and rehearing en banc of 5 pages; served on 7/9/04 (PANEL ONLY) [03-55166, 03- 55169] (gva) [(03-55166 03-55169] Filed Intervenor/Aplts AFL-CIO and CA Labor Federation AFL-CIO's motion for leave to file reply in support of petition for rehearing and rehearing en banc; served . ‘ y a Oe}. Ore ere ee ‘al 10/12/04 10/22/04 3/7/05 5/13/05 5/13/05 12 on 7/9/04 (PANEL) (03-55166, 03-55169] (gva) [03-55166 03-55169] Filed aplt American Federation in 03- 55166 additional citations, served on 10/12/04 (PANEL & ALL ACTIVE JUDGES) [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Filed aples' Chamber of Commerce's mtn to strike intervenors' supp] authority; served on 10/22/04 (Copies to PANEL only) (mhf) [03-55166 03-55169] Received Appellants AFL-CIO's letter dated 3/4/05 re: the status of their mtn for leave to file their reply br in support of the pete for rhrg; (PANEL) [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Filed order FOR PUBLICATION ( Robert R. BEEZER, Raymond C. FISHER, Morrison C. England, ): The petition for panel rehearing is granted, and the case shall be resubmitted as of the date of this order, without additional oral argument. The panel's opinion is withdrawn and shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the panel upon rehearing. (redktd to correct entry) [03-55166, 03- 55169] (eu) [(03-55166 03-55169] Case resubmitted on this date to Robert R. BEEZER, Raymond C. FISHER, Morrison C. England. (See 5/13/05 order) le ee q ae . Te 4, ia tte 5/26/05 9/6/05 9/13/05 9/13/05 13 submission.) Order filed: 5/13/05. [03- 55166, 03-55169] (eu) [03-55166 03-55169] Filed Chamber of Commerce et al's additional citations, served on 5/26/05 PANEL [03-55166, 03-55169] (gar) [03- 55166 03-55169] FILED OPINION: AFFIRMED ( Terminated on the Merits after Oral Hearing; Affirmed; Written, Signed, Published. Robert R. BEEZER, author; Raymond C. FISHER, dissenting; Morrison C. England. ) FILED AND ENTERED JUDGMENT. [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Filed order ( Robert R. BEEZER, ): Each of the parties to this appl is requested to file a br addressing the question of whether this appl should be heard en banc. The br requested shall not exceed 15 pages and may be prepared in letter form. The br requested shall be filed with the clerk of the ct within 21 days from the date of this order. Such filings shall include 50 copies, together with a signed original of the requested br. Amicus br are not invited at this time. [03-55166] (gar) [(03-55166] Filed Appellant CA Labor Federation, Appellant American Federation's motion to extend time to file petition for rehearing until 10/20/05 [03-55166, 03- 55169] served on 9/13/05 [5560991] 9/16/05 9/23/05 9/29/05 10/5/05 14 - PANEL [03-55166, 03-55169] (gar) [03- 55166 03-55169] Filed order ( Robert R. BEEZER, ): A mtn for ext of time to file a pet for rhg en banc was filed 9/13/05. By reason of a sua sponte call for rhrg en banc made by one of the judges of this ct, the mtn for ext of time is moot. This order with w/o prejudice to any further filings by the parties in response to the pending call for reconsideration en banc or for ext of time to make filings beyond the time prescribed by rule. PHONED [5560991-1] [03-55166] (gar) [(03-55166] Filed Appellants CA Labor Federation & AFL's unopposed mtn for ext of tm to file brs regarding whether appeal should be reheard en banc & Declaration in support of; served on 9/23/05 [Faxed to PANEL] [03-55166, 03-55169] (mhf) [(03-55166 03- 55169] Filed Appellants Bill Lockyer in 03- 55169's joinder to mtn for ext of tm to file brs regarding whether appeal should reheard & declaration in support of; served on 9/28/05 [PANEL] [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Filed order ( Robert R. BEEZER, Raymond C. FISHER, Morrison C. England, ): Aplts' mtn for ext of tm to file Briefs Regarding Whether Appeal Should Be Reheard En Banc filed on 9/23/05 is 10/12/05 10/25/05 10/25/05 10/26/05 11/2/05 15 GRANTED (Phoned/Faxed: 12:29) in 03- 55166, 03-55169 [03-55166, 03-55169] (mhf) [03-55166 03-55169] Received Appellant American Federation of Labor & Congress's letter dated 10/10/05 re: sveral clerical errors in the caption on the Opinion filed 9/16/05 (PANEL by FED X) [03-55166, 03-55169] (mhf) [(03-55166 03-55169] Filed Intervenors Appellants (AFL-CIO & CA Labor Fed)'s response to crt order of 9/13/05 re Whether this case should be reheard en banc; served on 10/25/05 (PANEL & ALL ACTIVE JUDGES ANY INTERESTED SENIOR JUDGE) [03- 55166, 03-55169] (mhf) [03-55166 03- 55169] Filed Appellees (Charaber of Commerce, et al)'s response to crt order of 9/13/05 re Whether the case should be reheard en banc; served on 10/25/05 (PANEL & ALL ACTIVE JUDGES & ANY INTERESTED SENIOR JUDGE) [03-55166, 03-55169] (mhf) [(03-55166 03-55169] Filed Appellants Bill Lockyer, et al's in response to crt's 9/13/05 as to Whether the appeal should be reheard en banc; served on 10/25/05 (PANEL & ALL ACTIVE JUDGES & ANY INTERESTED SENIOR JUDGE) [03-55166, 03-55169]} (mhf) [03- 55166 03-55169] Filed aples' mtn to strike intervenors' 12/15/05 1/17/06 1/20/06 1/25/06 1/25/06 16 aplts' br in support of en banc review; served on 11/2/05 [PANEL only) (mhf) [03-55166 03-55169] Filed AFL-CIO, CLF additional citations, FRAP 28()) letter, served on 12/15/05 (PANEL & ALL ACTIVE & INTERESTED SENIOR JUDGES) [03- 55166, 03-55169] (ru) [03-55166 03-55169] Filed order (Mary M. SCHROEDER, ): Upon the vote of a majority of nonrecused regular active judges of this crt, it is ordered that this case be reheard by the en banc court pursuant to Circ Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this crt or any dc of the 9th Cir, except to the extent adopted by the en banc court. [03-55166, 03-55169] (mhf) [03-55166 03-55169] Filed order (Mary M. SCHROEDER) The parties shall forward to the clerk of court thirty (30) copies of their origina! briefs and excerpts of record within 7 days from the date of this order. (phoned/faxed) [03- 55166, 03-55169] (gva) [(03-55166 03- 55169] Filed order (Mary M. SCHROEDER, ): Oral argument shall be reheard en banc in S.F., CA on Tuesday, 3/21/06 at 2:30 p.m. (PHONED/Faxed: 3:08) [03-55166, 03-55169] (mhf) [03-55166 03-55169] Filed aples' (FAXED) req for ext of time (1 day) to provide copies of brs & excs of rec eae eee ee Se en ee ere ge ie a es ee ee ee a eek ee ti - 1/25/06 1/26/06 1/26/06 1/26/06 1/26/06 1/31/06 2/2/06 17 to enbanc court; [03-55166, 03-55169] served on 1/25/06 [SCHROEDER) (mhf) [03-55166 03-55169] CALENDARED: SAN FRAN Mar 21 2006 230 pm Courtroom 1 [03-55166, 03- 55169] (aw) [03-55166 03-55169] Recd Aplt Bill Lockyer’s opn brs, Jt excs in 2 vols & rpy brs (EN BANC PANEL) [03-55166, 03-55169] (mhf) [03-55166 03- 55169] Recd aplts’ req for judicial notice originally filed on 6/20/06 (EN BANC PANEL) [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Received from intervenor appellants AFL- CIO, California Labor Federation: 30 copies of (1) intervenor-appellant's brief filed 4/16/03; (2) reply brief filed 7/14/03; (3) response to appellees’ request for judicial notice filed 6/25/03; (4) intervenor appellant's request for judicial notice filed 6/23/03. (to En Banc Court) [03-55166, 03- 55169] (ru) [(03-55166 03-55169] Filed notice of appearance of Angela Siera (Withdrew as counsel: [03-55166, 03- 55169] (mhf) [(03-55166 03-55169] Recd aple Chamber of Commerce's Answering br & supp! exc in 3 vols (EN BANC PANEL) [03-55166, 03-55169] (mhf) [03-55166 03-55169] Recd addl copies of Aples' Additional Cites 2/2/06 2/3/06 2/6/06 2/6/06 2/9/06 18 previously filed on 5/26/06 (EN BANC PANEL) [03-55166, 03-55169] (mhf) [03- 55166 03-55169] ~ Reed addl copies of aples’ Req for judicial notice previously recd on 5/23/03 (EN BANC PANEL) [03-55166, 03-55169] (mhf) [03-55166 03-55169] Received from amicus parties 30 copies of (1) brief of amici curiae LPA, Inc. and Associated Builders filed or 5/3/03 and (2) brief of amicus curiae National Labor Relations Board (NLRB) filed on 6/5/03. (to En Banc Court) [03-55166, 03-55169] (ru) [(03-55166 03-55169] Filed order (Mary M. SCHRODER): Aple Chamber of Commerce's mtn for ext of tm is GRANTED. The Chamber of Commerce's br & excs are ordered filed. in 03-55166, 03-55169 [03-55166, 03-55169] (mhf) [03-55166 03-55169] Filed Aples Chamber of Commerce, et al's motion to reschedule enbanc oral argument to either 3/22, 23 or 24, 2006; served on 2/6/06 (FAXED to EN BANC PANEL) [5714438] (mhf) [03-55166 03- 55169] Filed order (Mary M. SCHROEDER, ): Aple's unopposed mtn to reschedule en banc argument is DENIED because of previous scheduling commitments of the ert. in 03-55166, 03-55169 [03-55166, 03- 55169] (mhf) [03-55166 03-55169] 2/9/06 2/23/06 2/28/06 2/28/06 3/6/06 3/9/06 19 Filed order (Mary M. SCHROEDER, ): Upon the vote of a majority of the en banc court, the opinion & dissent filed on 9/6/05, slip op 12167, & appearing at 422 F.3d 973 (9th Cir. 2005), are withdrawn. [03-55166, 03-55169] (mhf) [03-55166 03- 55169] Filed mtn & Declaration by Amicus South Coast Air Quality Management Dist for exemption from Circ Rule 46-5; [03-55166, 03-55169] served on 2/23/06 [5737417] (mhf) [(03-55166 03-55169] Filed Amicus South Coast Air Quality Management District motion to become amicus curiae [03-55166, 03-55169] served on 2/28/06 [EN BANC PANEL) (mhf) [(03-55166 03-55169] Received Amicus South Coast Air Quality Management District's brief in 50 copies of 16 pages; served on 2/28/06; deficient: (Mtn to file pending) (EN BANC PANEL) [03-55166, 03-55169] (mhf) [03-55166 03- 55169] Filed order (Mary M. SCHROEDER, ): Amicus South Coast Air Quality Management District csi Winter King's mtn for exemption from Circuit Rule 46-5 is GRANTED. in 03-55166, 03-55169 [03- 55166, 03-55169] (mhf) [(03-55166 03- 55169] Filed order (Mary M. SCHROEDER, ): South Cost Air Quality Management 3/9/06 3/21/56 3/21/06 3/21/06 20 District's mtn for leave to file br of amicus curiae is GRANTED. (PHONED/FAXED: 9:46) in 03-55166, 03-55169 [03-55166, 03-55169] (mhf) [03-55166 03-55169] Filed original and 50 copies South Coast Air Quality's amicus curiae br of 16 pages ;served on 2/28/06 [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Filed Los Angeles Taxi Ind's mtn for lv to file amicus br in support of neither party ; served on 3/20/06 [EN BANC PANEL) (03-55166, 03-55169] (mhf) [03-55166 03- 55169] Received Amicus Los Angeles Taxi Industry in support of neither party's brief in 50 copies of 19 pages; served on 3/20/06; deficient: (mtn to file pending)(Copies to EN BANC PANEL w/mtn) Notified counsel. [03-55166, 03- 55169] (mhf) [(03-55166 03-55169] ARGUED AND SUBMITTED TO Mary M. SCHROEDER, Stephen R. REINHARDT, Robert R. BEEZER, Alex KOZINSKI, Andrew J. KLEINFELD, Michael D. HAWKINS, Sidney R. THOMAS, Barry G. SILVERMAN, M. M. McKEOWN, Kim M. WARDLAW, Raymond C. FISHER, Richard A. PAEZ, Johnnie B. RAWLINSON, Richard R. CLIFTON, CONSUELO M. CALLAHAN [03-55166, 03-55169] (ca) [03-55166 03- 55169] 4/26/06 4/26/06 5/1/06 5/16/06 9/21/06 oF Ret ow Ps 21 Filed aples Chamber of Commerce, et al's additional citations, served on 4/26/06 (EN BANC PANEL by FED X) [03-55166, 03-55169] (mhf) [(03-55166 03-55169] Filed aples Chamber of Commerce's mtn to take judicial notice; served on 4/26/06 [EN BANC PANEL by FED X) (mhf) [03- 55166 03-55169] Filed Intervenor Aplts (CA Labor Federation & American Federation)'s response to notice of supplemental authority & opposition to req for judicial notice; served on 5/1/06 (EN BANC PANEL by FED X) [03-55166, 03-55169] (mhf) [03-55166 03-55 169] Filed order (Mary M. SCHROEDER, ): denying appellee's request for judicial notice. in 03-55166, 03-55169 [03-55166, 03-55169] (mhf) [03-55166 03-55169] FILED OPINION: REVERSED and its injunction is VACATED. We remand for further proceedings consistent with this opinion ( Terminated on the Merits after Oral Hearing; Reversed; Written, Signed, Published. Heard en banc; Mary M. SCHROEDER; Stephen R. REINHARDT; Robert R. BEEZER, dissenting; Alex KOZINSKI; Andrew J. KLEINFELD; Michael D. HAWKINS; Sidney R. THOMAS; Barry G. SILVERMAN; M. M. McKEOWN; Kim M. WARDLAW; Raymond C. FISHER, : uthor; Richard A. 10/5/06 10/5/06 11/20/06 a i le ee es ett ee ee ee ek, ee >) a ee ar 22 PAEZ; Johnnie B. RAWLINSON; Richard R. CLIFTON; CONSUELO M. CALLAHAN. ) FILED AND ENTERED JUDGMENT. [03-55166, 03-55169] (mhf) [(03-55166 03-55169] Filed Aples' motion to stay the mandate; served on 10/5/06 (PANEL) (gva) [03- 55166 03-55169] Filed Aples' motion to stay issuance of mandate; served on 10/5/06 (MMS) 5970201) (gva) [03-55166 03-55169] Filed order (Mary M. SCHROEDER, Stephen R. REINHARDT, Robert R. BEEZER, Alex KOZINSKI, Andrew J. KLEINFELD, Michael D. HAWKINS, Sidney R. THOMAS, Barry G. SILVERMAN, M. M. McKEOWN, Kim M. WARDLAW, Raymond C. FISHER, Richard A. PAEZ, Johnnie B. RAWLINSON, Richard R. CLIFTON, CONSUELO M. CALLAHAN, ): Aples' mtn to stay the mandate filed 10/6/06 is GRANTED. The mandate is stayed pending the filing of a pet for writ of certiorari in the Supreme Court. The stay expires 90 days from the date of this order unless aples file a pet for the writ & so notify the clerk of court in writing within the period of the stay. In that case, the stay shall continue until final disposition by the Supreme Court. (PHONED/FAXED: 12:01) in 03-55169, 03-55166 [03-55166, 03-55169] (mhf) [03- Mee as 12/18/06 1/8/07 1/12/07 2/16/07 11/26/07 23 55166 03-55169] Received letter from the Supreme Court dated 12/12/06 re: application for an ext of tm to file a pet for a writ of certiorari has been extended to & including 1/5/07 [03- 55166, 03-55169] (mhf) [03-55166 03- 55169] Rec'd notice of FIRM NAME CHANGE from Scott A. Kronland for Appellants dated 1/5/07. Chg to: ALTSHULER BERZON LLP. The firm's address & telephone & fax numbers remain the same. [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Received notice from Supreme Court: petition for certiorari filed Supreme Court No. 06-939 filed on 1/5/07. [03- 55166, 03-55169] (mhf) [03-55166 03- 55169] Filed aples' motion for further stay until disposition of their pet for writ of certiorari with the Supreme Court; served on 2/16/07 (MMS) (mhf) [03-55166 03- 55169] Received notice from Supreme Court, petition for certiorari GRANTED on 11/20/07 . Supreme Court No. 06-939 PANEL (gar) [03-55166 03-55169] - : > oe she re ‘ ; ae ee. re eee SRE ee Vee ee we ity \ hs ne hei sees =e P te 3 5 RS er . a) ee ioe ld ee Ne PSO Ae eee > > ale “ Te 6 “iy a oy Pe i te ne ee GE sig aS 4 > is “ . sem Sl A i ee i ee hal” el ee vr a or ac be ee is pa Bal ot): ae a fd See eee oF ihe ; ig~ ie - F tna ¥ 4 SS es = en? Ute i oP ye te we ~ a i ogi er: i~ => ; - . a 7 af. a % gS yr Be yeep eo ys hes, Py i Paes AG ae Cs pa A et aes FE ad = cate aot yr ole ," dpe mae 4 s ee Bia 0 ark S hf ee eS ae ee Ee Fe ee ~ Spe eS ne vas Fee ers ick mts 2 Te ; e. : ay ee PT ne ae ee, ee ee eee PEP re ee ee a, ee 10/12/04 10/22/04 3/7/05 5/13/05 36 Labor Federation AFL-CIO’s motion for leave to file reply in support of petition for rehearing and rehearing en banc; served on 7/9/04 (PANEL) [03-55166, 03-55169] (gva) [03-55166 03-55169] Filed aplt American Federation in 03- 55166 additional citations, served on 10/12/04 (PANEL & ALL ACTIVE JUDGES) (03-55166, 03-55169] (mhf) [03- 55166 03-55169] Filed aples’ Chamber of Commerce’s mtn to strike intervenors’ suppl authority; served on 10/22/04 (Copies to PANEL only) (mhf) [03-55166 03-55169] Received Appellants AFL-CIO’s letter dated 3/4/05 re: the status of their mtn for leave to file their reply br in support of the pete for rhrg; (PANEL) [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Filed order FOR PUBLICATION (Robert R. BEEZER, Raymond C. FISHER, Morrison C. England,): The petition for panel rehearing is granted, and the case shall be resubmitted as of the date of this order, without additional oral argument. The panel’s opinion is withdrawn and shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the panel upon rehearing. (redktd to correct entry) [03-55166, 03- 5/13/05 5/26/05 9/6/05 9/13/05 9/23/05 37 55169] (eu) [(03-55166 03-55169] Case resubmitted on this date to Robert R. BEEZER, Raymond C. FISHER, Morrison C. England. (See 5/13/05 order) submission.) Order filed: 5/13/05. [03- 55166, 03-55169] (eu) [03-55166 03-55169] Filed Chamber of Commerce et al’s additional citations, served on 5/26/05 PANEL [03-55166, 03-55169] (gar) [03- 55166 03-55169] FILED OPINION: AFFIRMED (Terminated on the Merits after Oral Hearing; Affirmed; Written, Signed, Published. Robert R. BEEZER, author; Raymond C. FISHEX, dissenting; Morrison C. England.) FILED AND ENTERED JUDGMENT. [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Filed Appellant CA Labor Federation, Appellant American Federation’s motion to extend time to file petition for rehearing until 10/20/05 [03-55166, 03- 55169] served on 9/13/05 [5560991] PANEL [03-55166, 03-55169] (gar) [03- 55166 03-55169] Filed Appellants CA Labor Federation & AFL’s unopposed mtn for ext of tm to file brs regarding whether appeal should be reheard en banc & Declaration in support of; served on 9/23/05 [Faxed to PANEL] 9/29/05 10/5/05 10/12/05 10/25/05 10/25/05 38 [03-55166, 03-55169] (mhf) [03-55166 03- 55169] Filed Appellants Bill Lockyer in 03- 55169’s joinder to mtn for ext of tm to file brs regarding whether appeal should reheard & declaration in support of; served on 9/28/05 [PANEL] [03-55166, 03- 55169] (mhf) (03-55166 03-55169] Filed order (Robert R. BEEZER, Raymond C. FISHER, Morrison C. England,): Aplts’ mtn for ext of tm to file Briefs Regarding Whether Appeal Should Be Reheard En Banc filed on 9/23/05 is GRANTED (Phoned/Faxed: 12:29) in 03-55166, 03- 55169 (03-55166, 03-55169] (mhf) [03- 55166 03-55169] Received Appellant American Federation of Labor & Congress’s letter dated 10/10/05 re: sveral clerical errors in the caption on the Opinion filed 9/16/05 (PANEL by FED X) [03-55166, 03-55169] (mhf) [03-55166 03-55169] Filed Intervenors Appellants (AFL-CIO & CA Labor Fed)’s response to crt order of 9/13/05 re Whether this case should be reheard en banc; served on 10/25/05 (PANEL & ALL ACTIVE JUDGES ANY INTERESTED SENIOR JUDGE) [03- 55166, 03-55169] (mhf) [03-55166 03- 55169] Filed Appellees (Chamber of Commerce, E jl a . 4 > 2 e. be. . a7 elle Sei le Ae 7) = a dea ao pee 39 et al)’s response to crt order of 9/13/05 re Whether the case should be reheard en banc; served on 10/25/05 (PANEL & ALL ACTIVE JUDGES & ANY INTERESTED SENIOR JUDGE) [03-55166, 03-55169] (mhf) [03-55166 03-55169] 10/26/05 Filed Appellants Bill Lockyer, et al’s in response to crt’s 9/13/05 as to Whether the appeal should be reheard en banc; served on 10/25/05 (PANEL & ALL ACTIVE JUDGES & ANY INTERESTED SENIOR JUDGE) [03-55166, 03-55169] (mhf) [03- 55166 03-55169] 11/2/05 = Filed aples’ mtn to strike intervenors’ aplts’ br in support of en banc review; served on 11/2/05 [PANEL only) (mhf) [03- 55166 03-55169] 12/15/05 Filed AFL-CIO, CLF additional citations, FRAP 28(j) letter, served on 12/15/05 (PANEL & ALL ACTIVE & INTERESTED SENIOR JUDGES) {[03- 55166, 03-55169] (ru) [(03-55166 03-55169] 1/17/06 Filed order (Mary M. SCHROEDER,): Upon the vote of a majority of nonrecused regular active judges of this crt, it is ordered that this case be reheard by the en banc court pursuant to Circ Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this crt or any dc of the 9th Cir, except to the extent adopted by the en banc court. [03-55166, 1/20/06 1/25/06 1/25/06 1/25/06 1/26/06 1/26/06 40 03-55169] (mhf) [03-55166 03-55169] Filed order (Mary M. SCHROEDER) The parties shall forward to the clerk of court thirty (30) copies of their original briefs and excerpts of record within 7 days from the date of this order. (phoned/faxed) [03- 55166, 03-55169}] (gva) [03-55166 03- 55169] Filed order (Mary M. SCHROEDER,): Oral argument shall be reheard en banc in S.F., CA on Tuesday, 3/21/06 at 2:30 p.m. (PHONED/Faxed: 3:08) [03-55166, 03-55169] (mhf) [03-55166 03-55169] Filed aples’ (FAXED) req for ext of time (1 day) to provide copies of brs & excs of rec to enbanc court; [03-55166, 03-55169] served on 1/25/06 [SCHROEDER) (mhf) [03-55166 03-55169] CALENDARED: SAN FRAN Mar 21 2006 230 pm Courtroom 1 [03-55166, 03- 55169] (aw) [(03-55166 03-55169] Recd Aplt Bill Lockyer’s opn brs, Jt excs in 2 vols & rpy brs (EN BANC PANEL) [(03-55166, 03-55169] (mhf) [03-55166 03- 55169] Recd aplts’ req for judicial notice originally filed on 6/20/06 (EN BANC PANEL) [03-55166, 03-55169] (mhf) [03- 55166 03-55169] _-* a 1/26/06 1/26/06 1/31/06 2/2/06 2/2/06 2/3/06 4] Received from intervenor appellants AFL- CIO, California Labor Federation: 30 copies of (1) intervenor-appellant’s brief filed 4/16/03; (2) reply brief filed 7/14/03; (3) response to appellees’ request for judicial notice filed 6/25/03; (4) intervenor appellant’s request for judicial notice filed 6/23/03. (to En Banc Court) [03-55166, 03- 55169] (ru) [03-55166 03-55169] Filed notice of appearance of Angela Siera (Withdrew as counsel: [03-55166, 03- 55169] (mhf) [(03-55166 03-55169] Recd aple Chamber of Commerce’s Answering br & suppl exc in 3 vols (EN BANC PANEL) [03-55166, 03-55169] (mhf) [03-55166 03-55169] Recd addl copies of Aples’ Additional Cites previously filed on 5/26/06 (EN BANC PANEL) [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Recd add! copies of aples’ Req for judicial notice previously recd on -5/23/03 (EN BANC PANEL) [03-55166, 03-55169] (mhf) [03-55166 03-55169] Received from amicus parties 30 copies of (1) brief of amici curiae LPA, Inc. and Associated Builders filed on 6/3/03 and (2) brief of amicus curiae National Labor Relations Board (NLRB) filed on 6/5/03. med > z bet 7 “ os ss fin, be », Po Fe gs +a = ue is e as ¢ «¥ 743 ess 4 z 7 4 a 4 ¢ x y si ‘. : be 4 >. a ; PY “fi 7 ; oe : 4 a ‘4 “ “ ¢ E 4 3 =I r iy 2/6/06 2/6/06 2/9/06 2/9/06 2/23/06 42 (to En Banc Court) [03-55166, 03-55169] - (ru) [(03-55166 03-55169] Filed order (Mary M. SCHRODER): Aple Chamber of Commerce’s mtn for ext of tm is GRANTED. The Chamber of Commerce’s br & excs are ordered filed. in 03-55166, 03-55169 [03-55166, 03-55169] (mhf) [03-55166 03-55169] Filed Aples Chamber of Commerce, et al’s motion to reschedule enbanc oral argument to either 3/22, 23 or 24, 2006; served on 2/6/06 (FAXED to EN BANC PANEL) [5714438] (mhf) [03-55166 03- 55169] Filed order (Mary M. SCHROEDER.,): Aple’s unopposed mtn to reschedule en banc argument is DENIED because of previous scheduling commitments of the crt. in 03-55166, 03-55169 [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Filed order (Mary M. SCHROEDER,): Upon the vote of a majority of the en banc court, the opinion & dissent filed on 9/6/05, slip op 12167, & appearing at 422 F.3d 973 (9th Cir. 2005), are withdrawn. [(03-55166, 03-55169] (mhf) [03-55166 03- 55169] Filed mtn & Declaration by Amicus South Coast Air Quality Management Dist for exemption from Circ Rule 46-5; [03-55166, bars q 7 7 . : aoe “: os ed 4 tara. Dansti int Sa bie se : ON ee a) Oe Te Es ee oe Le eM, © RR NO Sete a AS 2/28/06 2/28/06 2/28/06 3/6/06 3/9/06 43 03-55169] served on 2/23/06 [5737417] (mhf) [03-55166 03-55169] Received Amicus South Coast Air Qual in 03-55166, Amicus South Coast Air Qual in 03-55169’s brief in 50 copies of 16 pages; deficient: (Mtn pending); served on 2/28/06 (ENBANC PANEL) [03-55166, 03-55169] (mhf) [03-55169] Filed Amicus South Coast Air Quality Management District motion to become amicus curiae [03-55166, 03-55169] served on 2/28/06 [EN BANC PANEL) (mhf) [03- 55166 03-55169] Received Amicus South Coast Air Quality Management District’s brief in 50 copies of 16 pages; served on 2/28/06; deficient: (Mtn to file pending) (EN BANC PANEL) [03-55166, 03-55169] (mhf) [03-55166 03- 55169] Filed order (Mary M. SCHROEDER,): Amicus South Coast Air Quality Management District cs] Winter King’s mtn for exemption from Circuit Rule 46-5 is GRANTED. in 03-55166, 03-55169 [03- 55166, 03-55169] (mhf) [03-55166 03- 55169] Filed order (Mary M. SCHROEDER,): South Cost Air Quality Management District’s mtn for leave to file br of amicus curiae is GRANTED. (PHONED/FAXED: 3/9/06 3/21/06 3/21/06 3/21/06 44 9:46) in 03-55166, 03-55169 [03-55166, 03-55169] (mhf) (03-55166 03-55169] Filed original and 50 copies South Coast Air Quality’s amicus curiae br of 16 pages; served on 2/28/06 [03-55166, 03-55169] (mhf) (03-55166 03-55169] Filed Los Angeles Taxi Ind’s mtn for lv to file amicus br in support of neither party; served on 3/20/06 [EN BANC PANEL) [(03-55166, 03-55169] (mhf) [03-55166 03- 55169] Received Amicus Los Angeles Taxi Industry in support of neither party’s brief in 50 copies of 19 pages; served on 3/20/06; deficient: (mtn to file pending) (Copies to EN BANC PANEL w/mtn) Notified counsel. [03-55166, 03-55169] (mhf) [03- 55166 03-55169] ARGUED AND SUBMITTED TO Mary M. SCHROEDER, Stephen R. REINHARDT, Robert R. BEEZER, Alex KOZINSKI, Andrew J. KLEINFELD, Michael D. HAWKINS, Sidney R. THOMAS, Barry G. SILVERMAN, M. M. McKEOWN, Kim M. WARDLAW, Raymond C. FISHER, Richard A. PAEZ, Johnnie B. RAWLINSON, Richard R. CLIFTON, CONSUELO M. CALLAHAN [03-55166, 03-55169] (ca) [03-55166 03- 55169] 4/26/06 4/26/06 5/1/06 5/16/06 9/21/06 45 Filed aples Chamber of Commerce, et al’s additional citations, served on 4/26/06 (EN BANC PANEL by FED X) [03-55166, 03- 55169] (mhf) [03-55166 03-55169] Filed aples Chamber of Commerce’s mtn to take judicial notice; served on 4/26/06 [EN BANC PANEL by FED X) (mhf) [03- 55166 03-55169] Filed Intervenor Aplts (CA Labor Federation & American Federation)’s response to notice of supplemental authority & opposition to req for judicial notice; served on 5/1/06 (EN BANC PANEL by FED X) [03-55166, 03-55169] (mhf) [03-55166 03-55169] Filed order (Mary M. SCHROEDER,): denying appellee’s request for judicial notice. in 03-55166, 03-55169 [03-55166, 03-55169] (mhf) [03-55166 03-55169] FILED OPINION: REVERSED and its injunction is VACATED. We remand for further proceedings consistent with this opinion (Terminated: on the Merits after Oral Hearing; Reversed; Written, Signed, Published. Heard en banc; Mary M. SCHROEDER; Stephen R. REINHARDT; Robert R. BEEZER, dissenting; Alex KOZINSKI; Andrew J. KLEINFELD; Michael D. HAWKINS; Sidney R. THOMAS; Barry G. SILVERMAN; M. M. McKEOWN; Kim M. WARDLAW; 10/5/06 10/5/06 11/20/06 46 Raymond C. FISHER, author; Richard A. PAEZ; Johnnie B. RAWLINSON; Richard R. CLIFTON; CONSUELO M. CALLAHAN.) FILED AND ENTERED JUDGMENT. [03-55166, 03-55169] (mhf) [(03-55166 03-55169] Filed Aples’ motion to stay the mandate; served on 10/5/06 (PANEL) (gva) [03- 55166 03-55169] Filed Aples’ motion to stay issuance of mandate; served on 10/5/06 (MMS) 5970201] (gva) [03-55166 03-55169] Filed order (Mary M. SCHROEDER, Stephen R. REINHARDT, Robert R. BEEZER, Alex KOZINSKI, Andrew J. KLEINFELD, Michael D. HAWKINS, Sidney R. THOMAS, Barry G. SILVERMAN, M. M. McKEOWN, Kim M. WARDLAW, Raymond C. FISHER, Richard A. PAEZ, Johnnie _ B. RAWLINSON, Richard R. CLIFTON, CONSUELO M. CALLAHAN,): Aples’ mtn to stay the mandate filed 10/6/06 is GRANTED. The mandate is stayed pending the filing of a pet for writ of certiorari in the Supreme Court. The stay expires 90 days from the date of this order unless aples file a pet for the writ & so notify the clerk of court in writing within the period of the stay. In that case, the stay shall continue until final disposition by the Supreme Court. 12/18/06 1/8/07 1/12/07 2/16/07 11/26/07 47 (PHONED/FAXED: 12:01) in 03-55169, 03-55166 [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Received letter from the Supreme Court dated 12/12/06 re: application for an ext of tm to file a pet for a writ of certiorari has been extended to & including 1/5/07 [03- 55166, 03-55169] (mhf) [03-55166 03- 55169] Rec’d notice of FIRM NAME CHANGE from Scott A. Kronland for Appellants dated 1/5/07. Chg to: ALTSHULER BERZON LLP. The firm’s address & telephone & fax numbers remain the same. [03-55166, 03-55169] (mhf) [03- 55166 03-55169] Received notice from Supreme Court: petition for certiorari filed Supreme Court No. 06-939 filed on 1/5/07. [03-55166, 03- 55169] (mhf) [(03-55166 03-55169] Filed aples’ motion for further stay until disposition of their pet for writ of certiorari with the Supreme Court; served on 2/16/07 (MMS) (mhf) [03-55166 03- 55169] Received notice from Supreme Court, petition for certiorari GRANTED on 11/20/07 . Supreme Court No. 06-939 PANEL (gar) [03-55166 03-55169} 48 CHAMBER OF COMMERCE OF THE UNITED STATES, et. ai, Plaintiffs-Appellees, v. BILL LOCKYER, in his capacity as Attorney General of the State of California, et al, Defendants-Appellants, AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, et al., Intervenors-Appellants. | On Appeal from the United States | | District Court for the Central District of California, | Southern Division : No. CV-02-00377-GLT The Hon. Gary L. Taylor, Judge Date Filed | # Docket Text 49 04/11/2002 COMPLAINT filed; Summons(es) not issued; referred to Discovery Arthur Nakazato (mg) (Entered: 04/18/2002) 04/11/2002 NOTICE OF £INTERESTED PARTIES filed by plaintiffs (mg) (Entered: 04/18/2002) 04/11/2002 SUMMONS issued as to defendants on cmp (mg) (Entered: 04/18/2002) 04/11/2002 NOTICE by plaintiffs of related case(s) SA CV 00-1190 GLT (ANx) (mg) (Entered: 04/18/2002) 04/11/2002 NOTICE of pendency of other actions or proceedings by plaintiffs (mg) (Entered: 04/18/2002) 04/11/2002 NOTICE OF FILING FEE DUE On Pro Hac Vice Application mailed to attorney Stephen A Bokat for plaintiff Chamb of Comm of US (mg) (Entered: 04/18/2002) 04/23/2002 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiff Chamb of Comm of US by Stephen A. Bokat Designating Brent J. North as local counsel. Approved by Judge David 9. Carter (Fee pd) (rmi) (Entered: 05/01/2002) 50 04/25/2002 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: SACV 00- 1190GLT(ANx)] Case transferred from Judge David O. Carter to Judge Gary L. Taylor for all further proceedings. The case number will now reflect the initials of the transferee Judge { SACV 02° 7GLT(ANx)] (cc: all counse]) (csb) (Entered: 04/25/2002) | 04/30/2002 EX PARTE APPLICATION filed by defendants to extend time an additional 30 days, or soon thereafter as practicable, for filing an answer or other responsive pleading to complaint [1-1] as to defendants (mg) (Entered: 05/06/2002) 04/30/2002 PROOF OF SERVICE by defendants on 4/30/02 of Ex Parte Appl & Ord Extending Time to Plead & [Proposed Ord GR Ex Parte Appl for Ord Extending Time to Plead] (mg) (Entered: 05/06/2002) 05/01/2002 | | NOTICE OF MOTION AND MOTION by Intervenors American Fed of Labor & Congress of Industrial Organizations & CA 51 Labor Fed for leave to intervene as Dfts ; memo in suppt; motion hearing set for 10:00 6/10/02; Lodged Prop Ord (mg) (Entered: 05/06/2002) 05/01/2002 10 MEMO OF P/A IN OPPOSITION by plaintiffs to Dfts' ex parte application to extend time an additional 30 days, or soon thereafter as practicable, for filing an answer or other responsive pleading to complaint [1-1] as to defendants [7-1] (mg) (Entered: 05/06/2002) 05/02/2002 | 11 ORDER by Judge Gary L. Taylor GRANTING in part DENYING in part Dfts' ex parte application to extend time to file pleading. Dfts shall have to & incl 5/15/02 to file such pleading (mg) (Entered: 05/07/2002) | 05/06/2002 12 SUPPLEMENTAL DECL BY STACEY M LEYTON in suppt of obj) to intra-district assignment (mg) (Entered: 05/08/2002) ‘ | : | 05/08/2002 | | | | 13 DECLARATION of Rodney Wilkerson by plaintiff Chamb of Comm of US, plaintiff CA Chamber of Comm, plaintiff Employers Group, plaintiff CA Healthcare Assn, plaintiff CA Mfrs & Tech Assn, plaintiff CA Assn 52 Health Fac, plaintiff CA Assn Homes & Sves, plaintiff Bettec Corporation, plaintiff Marksherm Corp, plaintiff Zilaco Inc, plaintiff Zilaco, plaintiff Del Rio Healthcare, plaintiff Beverly Health & Reh, plaintiff Internext Group in suppt of plfs' opp to appl- in-intervention's obj to intradistrict assignment & req for ruling on whether intradist assignment is proper (rmi) (Entered: 05/10/2002) 05/08/2002 14 SUPPLEMENTAL FILING by interventors, American Fed of Labor of Congress of Indust Organizations & Calif Labor Fed, AFL-CIO re applicatns-in- intervention's obj to intradist assignment (rmi) (Entered: 05/10/2002) 05/08/2002 15 OPPOSITION filed by plaintiff Chamb of Comm of US, plaintiff CA Chamber of Comm, plaintiff Employers Group, plaintiff CA Healthcare Assn, plaintiff CA Mfrs & Tech Assn, plaintiff CA Assn Health Fac, plaintiff CA Assn Homes & Sves, plaintiff Bettec Corporation, plaintiff Marksherm Corp, plaintiff Zilaco Inc, plaintiff Zilaco, plaintiff Del Rio Healthcare, plaintiff Beverly 53 ; P 2 ia » pee O46 Health & Reh, plaintiff Internext Group to application's obj to intradist assign & req for ruling oh whether intradist assign is proper (rmi) (Entered: 05/10/2002) 05/08/2002 16 DECLARATION of § Marisela Arvayo by plaintiff Chamb of Comm of US, plaintiff CA Chamber of Comm, plaintiff Employers Group, plaintiff CA Healthcare Assn, plaintiff CA Mfrs & Tech Assn, plaintiff CA Assn Health Fac, plaintiff CA Assn Homes & Sves, plaintiff Bettec Corporation, plaintiff Marksherm Corp, plaintiff Zilaco Inc, plaintiff Zilaco, plaintiff Del Rio Healthcare, plaintiff Beverly Health & Reh, plaintiff Internext Group in suppt of plfs' opp to applicants-in-intervention's obj to intradist assign & req for ruling on whether intradist assign is proper (rmi) (Entered: 05/10/2002) Pe > Fl eee kee eee, be Oe! 05/09/2002 17 APPLICANTS-IN- INTERVENTION'S RESPONSE to Pifs' opposition to applicants-in- intervention's obj to intradistrict assignment [15-1 (mg) (Entered: 05/13/2002) 05/09/2002 18 SECOND SUPPLEMENTAL DECL by Stacey M Leyton in 54 suppt of objection to intra-district assignment (mg) (Entered: 05/13/2002) 05/10/2002 19 MINUTES (in Chambers) by Judge Gary L. Taylor: The Unions' obj to assignment of this case to the Central Dist's Southern Div is OVERRULED. This case was duly assigned by the Clerk to Judge Carter in the Southern Div & duly low-numbered from Judge Carter to Judge Taylor: CR: (not present) (mg) (Entered: 05/14/2002) 05/15/2002 20 NOTICE OF MOTION AND MOTION by defendants to dismiss ; motion hearing set for 10:00 6/17/02 (mg) (Entered: 05/16/2002) | | 05/15/2002 21 MEMORANDUM OF P/A_ IN SUPPORT by defendants of motion to dismiss [20-1] (mg) (Entered: 05/16/2002) | 05/15/2002 22 DECLARATION of Suzanne M. Ambrose by defendants in suppt of motion to dismiss [20-1] (mg) (Entered: 05/16/2002) 05/15/2002 — Ee . 23 PROOF OF SERVICE by defendants on 5/15/02 of Mot & mot to dism, Memo of P/A in suppt, decl of Suzanne M. Ambrose in suppt of mot to dism (see doc for 55 fur details) (mg) (Entered: 05/16/2002) 05/23/2002 24 APPLICANTS-IN- INTERVENTION'S EX PARTE APPLICATION filed to continue hrg date on Plifs mot for summ jgm (mg) (Entered: 05/24/2002) 05/23/2002 25 DECLARATION of Stacey M Leyton in suppt of ex parte application to continue hrg date on Pif's mot for summ jgm [24-1] (mg) (Entered: 05/24/2002) 05/24/2002 26 NOTICE OF MOTION AND MOTION by iopilaintiffs _for summary judgment , or in the alt for partial summary judgment ; motion hearing set for 10:00 6/17/02 (mg) (Entered: 05/28/2002) 05/24/2002 27 MEMORANDUM OF P/A_ IN SUPPORT by plaintiffs of motion for summary judgment [26-1], or in the alt for partial summary judgment (mg) (Entered: 05/28/2002) 05/24/2002 28 REQUEST by plaintiffs for Judicial Notice in suppt of Pifs' motion for summary judgment [26- 1], or in the alt for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) 56 05/24/2002 29 NOTICE OF LODGING of non- federal authorities & federal non- statutory by plaintiffs (mg) (Entered: 05/28/2002) 05/24/2002 30 DECLARATION of Nancy Armentrout by plaintiffs in suppt of Pifs' motion for summary judgment [26-1], for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) 05/24/2002 = 31 DECLARATION of Stephen A. Bokat by plaintiffs in suppt of Plfs' motion for summary judgment [26- 1], for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) 05/24/2002 | 32 DECLARATION of Ronald S. Cohen by plaintiffs in suppt of motion for summary judgment [26- 1], for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) 05/24/2002 33 DECLARATION of William Dahlman by plaintiffs in suppt of Plfs' motion for summary judgment [26-1], for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) | 05/24/2002 34 DECLARATION of Steven Highland by plaintiffs in suppt of Plfs' motion for summary judgment [26-1], for partial summary judgment [26-2] (mg) 57 (Entered: 05/28/2002) 05/24/2002 35 DECLARATION of Roger Hunte by plaintiffs in suppt of motion for summary judgment [26-1], for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) 05/24/2002 36 DECLARATION of Anne Burns Johnson by plaintiffs in suppt of Plfs' motion for summary judgment [26-1], for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) 05/24/2002 37 DECLARATION of Fred Main by plaintiffs in suppt of Plfs' motion for summary judgment [26-1], for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) 05/24/2002 38 DECLARATION of Brent J North by plaintiffs in suppt of Plfs' motion for summary judgment [26- 1], for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) 05/24/2002 39 DECLARATION of Art Sponseller by plaintiffs in suppt of Pifs' motion for summary judgment [26- 1], for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) | 05/24/2002 | 40 DECLARATION of Jack M. Stewart by plaintiffs in suppt of Pifs' motion for summary : ‘ 58 —_--— —- —_ 2 judgment [26-1], for partial | summary judgment [26-2] (mg) (Entered: 05/28/2002) 05/24/2002 41 DECLARATION of Mort Swales by plaintiffs in suppt of Plfs' motion for summary judgment [26- 1}, for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) 05/24/2002 42 DECLARATION of Gary Wheeler by plaintiffs in suppt of Pifs' motion for summary judgment [26- 1], for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) 05/24/2002 43 DECLARATION of Daniel Zilafro by plaintiffs in suppt of Pifs’ motion for summary judgment [26- 1], for partial summary judgment [26-2] (mg) (Entered: 05/28/2002) 05/24/2002 44 PROOF OF SERVICE by plaintiff on 5/24/02 of Ntc of Mot & Mot for Summ Jgm, or in the alt, Partial Summ Jgm; Plfs' Memo of P/A in Suppt of Its Mot for Summ Jgm; [Prop} Ord GR Plfs' Mot for Summ Jgm or, in the alt, Partial Summ Jgm; (see doc for fur details) (mg) (Entered: 05/28/2002) 05/24/2002 45 NTC OF NON-OPP by plaintiffs to Intervenors' ntc of mot & mot for leave to intervene as Dfts [9-1] (mg) (Entered: 05/28/2002) 59 05/28/2002 EX PARTE APPLICATION filed by defendants for order to continue the hrg on Plfs' mot for summ jgm &/or request to set a sched conf purs to FRCP 16(b) (mg) (Entered: 05/29/2002) 05/28/2002 47 MEMO OF P/A IN OPPOSITION by plaintiffs to ex parte application for order to continue the hrg on Pifs' mot for summ jgm [46-1], &/or request to set a sched conf purs to FRCP 16(b) [46-2]. Decl of Brent J. North in suppt thereof (mg) (Entered: 05/29/2002) 05/28/2002 48 SUPPLEMENTAL FILING IN SUPPORT by _ applicants-in- intervention of ex parte application for order to continue the hrg on Plifs’' mot for summ jgm [46-1], request to set a sched conf purs to FRCP 16(b) [46-2] (mg) (Entered: 05/29/2002) | i i | | | L 05/28/2002 49 DECLARATION of Catherine Z. Ysrael by defendants in suppt of ex parte application for order to continue the hrg on Plfs' for summ jgm [46-1], to request to set a sched conf purs to FRCP 16(b) [46- 2] (mg) (Entered: 05/29/2002) | 05/28/2002 DECLARATION of Suzanne M. Ambrose by defendants in suppt of ex parte application for order to 60 continue the hrg on Plifs' mot for summ jgm [46-1], to request to set a sched conf purs to FRCP 16(b) [46-2] (mg) (Entered: 05/29/2002) 05/28/2002 51 DECLARATION of Stacey M. Leyton by defendants in suppt of supp] filing in suppt of ex parte application for order to continue the hrg on Pifs' mot for summ jgm [46-1], to request to set a sched conf purs to FRCP 16(b) [46-2] (mg) (Entered: 05/29/2002) | 05/28/2002 52 DECL OF SERVICE by defendants on 5/28/02 of 1) Ex parte appl for ord cont the hrg on Pifs' mot for summ jgm &/or req to set a sched conf, 2) Decl of Suzanne M. Ambrose in suppt of ex parte appl for ord cont the hrg on Pif's mot for summ jgm &/or req to set a sched conf (see doc for fur details) (mg) (Entered: 05/29/2002) 05/28/2002 53 MINUTES (In Chambers): plfs' motion for summary judgment [26- 1] & motion for partial summary judgment [26-2] is continued to 10:00 7/15/02; if appropriate, plfs may file supp] mot papers nit 3:00 p.m. on 6/19/02; any opp papers are due not 3:00 p.m. on 6/26/02; rply papers are due nit 3:00 p.m. on 7/3/2; the motions to intervene Oa A als PE > Be 61 & dism sched for hrg 6/10/02 & 6/17/02 respectively remain on cal; any pty may file proper motions for inj rel if appropriate; the hrg for plfs' mot for summ jgm sched for 6/17/02 is taken off cal; by Judge Gary L. Taylor CR: none present (rmi) (Entered: 05/30/2002) 05/30/2002 PLACED IN FILE - NOT USED; [Proposed] Ord GR Ex parte appl for ord cont the hrg on Plfs' mot for summ jgm &/or req to set a sched conf purs to FRCP; ldg 5/28/02 (mg) (Entered: 05/31/2002) | ) . ; | 05/30/2002 PLACED IN FILE - NOT USED; [Proposed] Ord GR ex parte mot to cont hrg date on Plfs mot for summ jgm; lIdg 65/23/02 (mg) (Entered: 05/31/2002) 05/31/2002 NOTICE OF WAIVER of oral argument on motion for leave to intervene as Dfts [9-1] purs to LR 7-15 (mg) (Entered: 06/03/2002) 05/31/2002 REQUEST to enter order GR leave to intervene by #£Proposed Intervenors (mg) (Entered: 06/03/2002) 05/31/2002 DECLARATION of Stacey M. Leyton in suppt of Ntc of waiver of oral argument on mot for lv to ee ae ee Ver. a ee Foe j . } oni CFA Gee re mm eee a Aye ar TP ee eee, ee : 62 intervene as Dfts [54-1], & request to enter order GR leave to intervene [54-1] (mg) (Entered: 06/03/2002) 05/31/2002 PROOF OF SERVICE by plaintiffs on 5/24/02 of Ntc of Mot & mot for summ jgm, or in the alt, part summ jgm; Plfs' memo of P/A in suppt of its mot for summ jgm or in the alt, part summ _ jgm; [Proposed] Ord GR Pifs' mot for summ jgm (see doc for fur details) (mg) (Entered: 06/03/2002) 05/31/2002 57 PROOF OF SERVICE by plaintiff on 5/24/62 of Ntc of mot & mot for summ jgm, or in the alt, partial summ jgm; Plfs' memo of P/A in suppt of its mot for summ jgm, or in the alt, partial summ jgm; [Proposed] Ord GR Pifs' mot for summ jgm (see doc for fur details) (mg) (Entered: 06/03/2002) 05/31/2002 58 PROOF OF SERVICE by plaintiffs on 5/28/02 of Memo of P/A in opp to applicants-in-intervention's ex parte mot to cont hrg date of Pifs' mot for summ jgm; decl of Brent J North in suppt thereof (mg) (Entered: 06/03/2002) 06/04/2002 PLACED IN FILE - NOT USED; [Proposed] Ord GR waiver of oral argument & mot for lv to : 1 a eC! es ee ee Se ee ee ee le — 63 intervene; lIdg 65/31/02 (mg) (Entered: 06/05/2002) 06/04/2002 59 ORDER by Judge Gary L. Taylor granting request to enter order granting leave to intervene [54-1] (mg) (Entered: 06/05/2002) 06/04/2002 ANSWER filed by intervenors to complaint [1-1] (mg) (Entered: 06/05/2002) 06/04/2002 61 STIPULATION and ORDER by Judge Gary L. Taylor cont hearings on Dfts' motion to dismiss [20-1] to 7/1/02; Plfs' mot for summary judgment [26-1], or partial summary judgment [26-2] to 8/26/02 (mg) (Entered: 06/05/2002) 06/05/2002 PLACED IN FILE - NOT USED; Applicants-in-intervention's objection to intradistrict assignment & request for ruling on whether intradistrict assignment is proper; red 5/3/02 (mg) (Entered: 06/06/2002) | 06/05/2002 | 62 ORDER by Judge Gary L. Taylor’ RE: 1) Early Meeting of Ptys, 2) Sched Conf; scheduling conf set for 9:00 10/21/02 (see doc for fur details) (mg) (Entered: 06/07/2002) 06/13/2002 63 NOTICE of entry of order GR 7 : 1 . . ; 64 AFLC-CIO & CA Labor Fed's mot for lv to intervene by iutervenors AFL-CIO, CA Labor Fed AFL-CIO (mg) (Entered: 06/17/2002) 06/17/2002 MEMO OF P/A IN OPPOSITION by plaintiffs to Dfts' motion to dismiss [20-1] (mg) (Entered: 06/18/2002) Be ke i et Tee a ae ee Beyee tf eae be eee ee. ore el ae eo ee eee Oe ee 06/17/2002 65 DECLARATION of Brent J North by plaintiffs in suppt of Plfs' Memo of P/A in opp w motion to Dfts' mot to dismiss [20-1] (mg) (Entered: 06/18/2002) | | | } | 06/17/2002 REQUEST by plaintiffs for Judicial Notice (mg) (Entered: 06/18/2002) | 06/17/2002 67 NOTICE by plaintiffs of continuance of hrg & briefing sched on Dfts' mot to dism & Plfs' mot for summ jgm, or, in the alt partial summ jgm (mg) (Entered: 06/18/2002) (06/17/2002 NOTICE by plaintiffs of lodging of non-fed authorities & fed non- statutory (mg) (Entered: 06/18/2002) 06/18/2002 69 PROOF OF SERVICE by plaintiffs on 6/17/02 of Pif's memo of P/A in opp to Dfts’' mot to dism; decl of Brent North in suppt thereof (see 65 doc for fur details) (mg) (Entered: 06/19/2002) 06/20/2002 70 JOINT RULE 26 DISCOVERY PLAN filed; est length of trial 2 days (mg) (Entered: 06/25/2002) 06/24/2002 71 REPLY by defendants to Plfs' opp to Dfts' motion to dismiss [20-1] (filed as Plfs' reply to Dfts' Opp to Plifs' Mot to Dism) (mg) (Entered: 06/26/2002) 06/24/2002 72 REQUEST by defendants for Judicia! Notice (mg) (Entered: 06/26/2002) 06/24/2002 73 DECLARATION OF SERVICE by defendant on 6/24/02 of Pif's reply to Dfts' Opp to Plfs' Mot to Dism; Dfts' Req for Jud Ntc (mg) (Entered: 06/26/2002) 06/28/2002 74 REQUEST by plaintiff for Judicial Notice re motion to dismiss [20-1] (mg) (Entered: 07/01/2002) 06/28/2002 75 DECLARATION of Mark A Johnson by plaintiffs in suppt of Plfs' req for judicial ntc re motion to dismiss [20-1] (mg) (Entered: 07/01/2002) 06/28/2002 A Te 76 DECLARATION of Nancy Armentrout by plaintiffs in suppt of Pifs' req for jud ntc re motion to dismiss [20-1] (mg) (Entered: 3 1 66 07/01/2002) 06/28/2002 77 DECLARATION of Stephen A Bokat by plaintiffs in suppt of Plfs' req for jud ntc re motion to dismiss [20-1] (mg) (Entered: 07/01/2002) 06/28/2002 78 DECI ARATION of Art Sponseller by plaintiffs in suppt of Plfs' req for jud ntc re motion to dismiss [20-1] (mg) (Entered: 07/01/2002) 06/28/2002 79 DECLARATION of William Dahlman by plaintiffs in suppt of Plfs' req for jud ntc re motion to dismiss [20-1] (mg) (Entered: 07/01/2002) 06/28/2002 PROOF OF SERVICE by plaintiffs on 6/28/02 of Req for Jud Ntc; decls of William Dahlman, Art Sponseller, Stepehen A _ Bokat, Mark A Johnson & Nancy Armentrout in suppt thereof (mg) (Entered: 07/01/2002) 06/28/2002 81 NOTICE OF _ ERRATA by defendants correcting reply to Pifs opp to Dfts' mot to dism [71-1] (mg) (Entered: 07/02/2002) 07/01/2002 83 MINUTES by Judge Gary L. Taylor: Dfts' mot to dism is GR as to the Dept of Health Services, only. Motion to dism is denied in all other respects. The Crt will 67 issue its written order in the near future. CR: Sally Marshall (mg) (Entered: 07/18/2002) 07/02/2002 82 ORDER by Judge Gary L. Taylor denying Dfts' motion to dismiss for lack of subject mtr jurisdiction ([20- 1}. (mg) (Entered: 07/03/2002) 07/02/2002 PLACED IN FILE - NOT USED Stip of plas voluntary dism of dft Dept of Health Srvs (csb) (Entered: 07/05/2002) 07/23/2002 STIPULATION and ORDER by Discovery Arthur Nakazato allowing leave for Dfts to exceed by 4 the limit of 10 depos contained in FRCP Rule 30(a) in order to take the depos of all the Plfs (mg) (Entered: 07/27/2002) 07/26/2002 85 ANSWER filed by defendants Bill Lockyer, Frank G Vanacore, Diana M Bonta to complaint [1-1] (mt) (Entered: 08/01/2002) 07/26/2002 DECLARATION OF SERVICE VIA FAX ANI) US MAIL by defendant on 7/26/02 of dfts' answer to complaint (mt) (Entered: 08/01/2002) 08/02/2002 87 NOTICE OF ASSOCIATION of Counsel for plaintiffs by attorneys Michael J Lotito, Bradley W ’ : 2 : ki 2 F é 68 Kampas, Scott W Oborne of Jackson Lewis LLP (mg) (Entered: 08/09/2002) 08/05/2002 88 PROOF OF SERVICE by intervenors AFL-CIO, CA Labor Fed AFL-CIO on _ 8/5/02 of Intervenor's Ntc of Cross-mot; Intervenors' Memo in Support of Cross-mot; [Proposed] Stmt of Uncontroverted Facts; (see doc for further details) (tso) (Entered: 08/09/2002) = % ‘ 3 “ 08/05/2002 89 NOTICE OF MOTION AND MOTION by Dfts Bill Lockyer, Frank G Vanacore, Diana M Bonta for summary judgment , or in the alt for partial summary judgment ; motion hearing set for 10:00 8/26/02 (mg) (Entered: 08/09/2002) 08/05/2002 NOTICE OF CROSS-MOTION & CROSS-MOTION by intervenors AFL-CIO, CA Labor Fed AFL-CIO for summary judgment , or in the alt for partial summary judgment ; motion hearing set for 10:00 8/26/02 (mg) (Entered: 08/09/2002) | 08/05/2002 91 MEMORANDUM OF P/A_ IN SUPPORT by intervenors AFL- CIO, CA Labor Fed AFL-CIO of cross-motion for summary judgment [90-1], cross-motion for partial summary judgment [90-2] IP Ee ne Nee 69 (mg) (Entered: 08/09/2002) 08/05/2002 92 DECLARATION of Scott A. Kronland by intervenors AFL-CIO, CA Labor Fed AFL-CIO in suppt of cross-motion for summary judgment [90-1], cross-motion for partial summary judgment (mg) (Entered: 08/09/2002) 08/05/2002 93 MEMORANDUM OF P/A_ IN SUPPORT by defendants of Dfts' motion for summary judgment [89- 1], or in the alt, for partial summary judgment (mg) (Entered: 08/09/2002) 08/05/2002 94 DECLARATION of Suzanne M. Ambrose by defendants in suppt of Dfts' motion for summary judgment [89-1], or in the alt for partial summary judgment [89-2] (mg) (Entered: 08/09/2002) 08/05/2002 95 DECLARATION of _ Barbara Hardiman by defendants in suppt of mot for summary judgment [89- 1], or in the alt, for partial summary judgment [89-2] (mg) (Entered: 08/09/2002) 08/05/2002 DECLARATION of Gene Morrow by defendants in suppt of Dfts' motion for summary judgment [89- 1], or in the alt, for partial summary judgment [89-2] (mg) 70 (Entered: 08/09/2002) 08/05/2002 97 DECLARATION of Frank Vanacore by defendants in suppt of Dfts' motion for summary judgment [89-1], or in the alt, for partial summary judgment [89-2] (mg) (Entered: 08/09/2002) 08/08/2002 98 CERTIFICATION OF SERVICE by plaintiffs on 8/5/02 of Assoc of Pif's Cnsl (mg) (Entered: 08/14/2002) 08/09/2002 | 99 STIPULATION and ORDER by Judge Gary L. Taylor cont hearing on motion for summary judgment [26-1], partial summary judgment [26-2], [90-1], [90-2], [89-1], [89-2] to 10:00 9/9/02. The ptys' opp jgm will be fld & served on or before 8/19/02; & the ptys replies to the aforementioned Opps will be fld & svc on or before 8/26/02 (mg) (Entered: 08/15/2002) 08/19/2002 100 MEMO OF P&A IN OPPOSITION by defendants to plfs' motion for summary judgment [26-1] or, in|. the alt, partial summary judgment [26-2] (mt) (Entered: 08/20/2002) 08/19/2002 101 DECLARATION of Suzanne M Ambrose by defendants in opp to plfs' motion for summary judgment [26-1] or, in the alt 71 partial summary judgment [26-2] (mt) (Entered: 08/20/2002) 08/19/2002 102 DECLARATION of Frank Vanacore by defendants in suppt of dfts' opp to plfs' motion for summary judgment [26-1] or, in the alt for partial summary judgment [26-2] (mt) (Entered: 08/20/2002) 08/19/2002 103 STATEMENT of genuine issues by defendants in opp to plfs' motion for summary judgment [26-1] or, in the alt partial summary judgment [26-2] (mt) (Entered: 08/20/2002) 08/19/2002 104 OBJECTIONS TO EVIDENCE SUBMITTED BY PLFS filed by defendants in suppt of plfs motion for summary judgment [26-1]; and opp to plfs’ req for judicial ntc (mt) (Entered: 08/20/2002) 08/19/2002 105 DECLARATION OF SERVICE by defendants on 8/18/02 of dfts' opp to plfs’' mot for S/J or, in the alt, partial S/J & supporting docs (mt) (Entered: 08/20/2002) 08/19/2002 106 MEMO IN OPPOSITION by intervenors to plfs' motion for summary judgment [26-1] or, in the alt partial summary judgment [26-2] (mt) (Entered: 08/20/2002) 72 08/19/2002: 107 DECLARATION of Fred Azcarate by intervenors in opp to plfs motion for summary judgment [26- 1} (mt) (Entered: 08/20/2002) ee ee ee ip eee eee ae ae ~ — 08/19/2002 108 DECLARATION of Stacey M Leyton by intervenors purs to FRCP 56(f) in opp to plfs' motion for summary judgment [26-1] (mt) (Entered: 08/20/2002) 08/19/2002 109 DECLARATION of Scott A Kronland by intervenors in opp to plfs' motion for summary judgment [26-1] (mt) Modified on 08/20/2002 (Entered: 08/20/2002) 08/19/2002 110 DECLARATION of Nicholas Ross by intervenors in opp to plfs' motion for summary judgment [26- 1} (mt) Modified on 08/20/2002 (Entered: 08/20/2002) 08/19/2002 111 DECLARATION of Scott A Kronland by intervenors in opp to plfs' motion for summary judgment [26-1] (Volume II) (mt) (Entered: 08/20/2002) 08/19/2002 112 OBJECTIONS filed by intervenors to evidence proffered by plfs in suppt of plfs' motion for summary judgment [26-1] and opp to plfs' request for judicial notice (mt) (Entered: 08/20/2002) ae ce eae a Ll lo hl Ln ee” ee oe 73 7s we a wer es wk ca ee a Or eS eee ee Te ee Se ee ee ee ry 08/19/2002 113 STATEMENT of genuine issues by intervenors in opp to plfs’ motion for summary judgment [26-1] (mt) (Entered: 08/20/2002) 08/19/2002 114 PROOF OF SERVICE by intervenor on 8/19/02 of Intervenors' memo in opp to pifs’ mot for S/J or, in the alt, partial S/J; (see doc for further specifics) (mt) (Entered: 08/20/2002) 08/19/2002 115 MEMO OF P&A IN OPPOSITION by plaintiffs to dfts & intervenors motion for summary judgment [89- 1], motion for partial summary judgment [89-2], motion for summary judgment [90-1], motion for partial summary judgment [90- 2] (mt) (Entered: 08/20/2002) Nats ye as tl 3 - 08/19/2002 116 DECLARATION of Mark E Reagan by plaintiffs (mt) (Entered: 08/20/2002) 08/19/2002 117 DECLARATION of Nancy Armentrout by plaintiffs in suppt of plfs’ opp to dfts' and intervenors' motion for summary judgment [89- 1], motion for partial summary judgment [89-2], motion for summary judgment [90-1], motion for partial summary judgment [90- 2] (mt) (Entered: 08/20/2002) 118 DECLARATION of Darryl Nixon hws Ss mee? Se Ue Oe eee as Pe a eS ee ae ee ee SP ae, Seem ee eee ee ee ee 74 —_ by plaintiffs (mt) (Entered: 08/20/2002) 08/19/2002 119 DECLARATION of Bradley W Kampas by plaintiffs in opp to dfts and intervenors' motion for summary judgment [89-1], motion for partial summary judgment [89- 2], motion for summary judgment [90-1], motion for partial summary judgment [90-2] (mt) (Entered: 08/20/2002) 08/19/2002 120 STATEMENT of genuine issues by plaintiffs in opp to dfts' motion for summary judgment [89-1], motion for partial summary judgment [89- 2] (mt) (Entered: 08/20/2002) 08/19/2002 121 STATEMENT of genuine issues by plaintiffs in opp to intervenors' motion for summary judgment [90- 1], motion for partial summary judgment [90-2] (mt) (Entered: 08/20/2002) 08/19/2002 122 CERTIFICATE OF SERVICE by plaintiffs on 8/19/02 of plfs' memo of P&A in opp to dfts' & intervenors' motions for S/J, or in the alt, partial summary judgment; (see doc for further specifics) (mt) (Entered: 08/20/2002) 08/20/2002 123 STATEMENT of genuine issues in opp by intervenor AFL-CIO, intervenor CA Labor Fed AFL-CIO re motion for summary judgment [89-1], motion for partial summary judgment [89-2] (dmjr) (Entered: 08/22/2002) 08/21/2002 Joint STIPULATION and ORDER re lv to file memo of PA in excess of page limitation & ext of time for filing & srving rply papers by Judge Gary L. Taylor. It is ord that plfs are permitted to file 35 pg memo in opp to dfts & intervenors mot for summ jgm. The ptys are permitted to exceed pg limitations for rply briefs by 10 pgs. The ptys are permitted to file rply briefs on 8/30/02. (twdb) (Entered: 08/23/2002) 08/30/2002 REQUEST by intervenors AFL- CIO, CA Labor Fed AFL-CIO for Judicial Notice in suppt of reply in suppt of Intv's cross-motion for summary jgm [90-1], or in the alt, partial summary judgment [90-2] (mg) (Entered: 09/05/2002) 08/30/2002 REPLY MEMO by intervenors AFL-CIO, CA Labor Fed AFL-CIO in suppt of Intv's mot for summary judgment [90-1], or in the alt, for partial summary judgment [90-2] (mg) (Entered: 09/05/2602) _— > a es oe oe hlUel ee a? > : * 76 08/30/2002 127 REPLY DECLARATION of Scott A Kronland by intervenors AFL-CIO & CA Labor Fed AFL-CIO in suppt of Intv's cross-mot for summary judgment [90-1], or in the alt, partial summary judgment (mg) (Entered: 09/05/2002) 4 | : 08/30/2002 128 OBJECTIONS TO EVIDENCE PROFFERED BY PLFS, filed by intervenors AFL-CIO & CA Labor Fed AFL-CIO in opp to Intv's cross-motion for summary judgment [90-1], [90-2] (mg) (Entered: 09/05/2002) F 5 “ ; ul 4 z . ‘ a J : 3 FR ene ee Oe AT OO ee ee A Oe ee ee I SE Re Se SES ee Ee ee ee ee eT eee > ee 08/30/2002 129 SUPPL DECLARATION of Darryl Nixon by plaintiffs in suppt of Plfs' motion for summary judgment [26- 1}, [26-2] (mg) (Entered: 09/05/2002) | 08/30/2002 130 MEMO OF P/A IN REPLY by defendants to Plfs' opp to Dfts' motion for summary judgment [89- 1], or in the alt, partial summary judgment (mg) (Entered: 09/05/2002) ' 08/30/2002 131 DECLARATION of Suzanne M Ambrose by defendants in suppt of Dfts' reply to Plfs' opp to Dfts' motion for summary judgment [(89- 1}, or in the alt, partial summary judgment [89-2] (mg) (Entered: 09/05/2002) _ ae eT ee ee eS ee ee SS ee ee Oe ee fe ee a ee ee eee, Eee ee ee ee ee ee 4 77 08/30/2002 132 OBJECTIONS by defendants to evidence submitted by Plfs in suppt of Plfs' opp to Dfts' motion for summary judgment [89-1], for partial summary judgment [89-2] (mg) (Entered: 09/05/2002) 08/30/2002 133 DECLARATION of Matthew J Antonek by plaintiffs (mg) (Entered: 09/05/2002) 08/30/2002 134 DECLARATION of Arleen Doan by plaintiffs (mg) (Entered: 09/05/2002) 08/30/2002 DECLARATION of Sam Park by plaintiffs (mg) (Entered: 09/05/2002) 08/30/2002 REQUEST by defendants for Judicial Notice in suppt of Dft's reply to Plfs' opp to Dfts' motion for summary judgment [89-1], or in the alt, partial summary judgment [89-2] (mg) (Entered: 09/05/2002) 08/30/2002 137 REPLY BRIEF by plaintiff Chamb of Comm of US in suppt of its motion for summary judgment [26- 1j, or in the alt, for partial summary judgment [26-2] (mg) (Entered: 09/05/2002) 08/30/2002 138 DECLARATION of Bradley W Kampas by plaintiff Chamb of 78 Comm of US in reply to Dfts' & Intv's Opp to Plfs motion for summary judgment [26-1], or in the alt for partial summary judgment [26-2] (mg) (Entered: 09/05/2002) “ | 08/30/2002 |139|PROOF OF SERVICE by intervenors AFL-CIO, CA Labor | 3 Fed AFL-CIO on 8/30/02 of Intv's reply memo in suppt of Intvs' mot for summ jgm, or in the alt, partial summ jgm; reply dec of Scott A Kronland in suppt of Intvs' cross- mot for summ jgm (see doc for fur details) (mg) (Entered: 09/05/2002) 08/30/2002 | 140 | DECL OF SERVICE by 4 defendants on 8/30/02 of Dfts' memo of P/A in reply to Plfs' opp to Dfts' mot for summ jgm, or in the alt, partial summ jgm; Dfts' req for : judicial ntc in suppt of Dfts' reply | to Plfs' opp to Dfts' mot for summ 4 | jgm (see doc for fur details) (mg) | (Entered: 09/05/2002) | 09/05/2002 | 141|EX PARTE APPLICATION filed | by intervenors AFL-CIO, CA Labor Fed AFL-CIO to strike evidence submitted by Plfs in suppt of reply memo in suppt of | mot for summ jgm ; Lodged Prop | Order (mg) (Entered: 09/09/2002) 09/05/2002 |142|DECLARATION of Scott A 79 Kronland by intervenors AFL-CIO, CA Labor Fed AFL-CIO in suppt of Intv's ex parte application to strike [141-1] & purs to FRCP 56(f) (mg) (Entered: 09/09/2002) 09/05/2002 143 PROOF OF SERVICE by intervenors AFL-CIO, CA Labor Fed AFL-CIO on 9/5/02 of Intv's ex parte mot to strike evidence submitted by Plfs in suppt of reply memo in suppt of mot for summ jgm; decl of Scott A Kronland (see doc for fur details) (mg) (Entered: 09/09/2002) 09/06/2002 144 EX PARTE APPLICATION filed by defendants for ord striking Plfs' new evidence submitted in suppt of Plfs' reply to Dfts' opp to Plfs' mot for summ jgm , or in the alt to continue hrg on Pif's mot for summ jgm ; Lodged Prop Ord (mg) (Entered: 09/11/2002) 09/06/2002 145 MEMORANDUM OF P/A_ IN SUPPORT by defendants of ex parte application for ord striking Plfs' new evidence submitted in suppt of Plfs' reply to Dfts' opp to Plfs' mot for summ jgm [144-1], or in the alt, to continue hrg on Plf's mot for summ jgm [144-2] (mg) (Entered: 09/11/2002) 146 DECLARATION of Suzanne M 80 Ambrose by defendants in suppt of ex parte application for ord striking Plfs' new evidence submitted suppt of Plfs' reply to Dfts' opp to Plfs' mot for summ jem [144-1], or in the alt, to continue hrg on Pif's mot for summ jgm [144-2] (mg) (Entered: 09/11/2002) 09/06/2002 147 PROOF OF SERVICE by defendants on 9/6/02 of Ex parte appl for ord striking Plfs' new evidence submitted in suppt of Plfs' reply to Dfts' opp to Plfs' mot for summ jgm, or in the alt, cont hrg on Plfs' mot for summ jgm (see doc for fur details) (mg) (Entered: 09/11/2002) 09/09/2002 148 MINUTES by Judge Gary L. Taylor: The fol mots for summ jgm, or in the alt, partial summ jgm, are taken under submission: Mot by Dfts Bill Lockyer, Frank G Vanacore & Diana M Bonta [89-1], [89-2]; Cross-mot by Intvs [90-1], [90-2]; & Mot by Plfs [26-1], [26-2]. CR: Sally Marshall (mg) (Entered: 09/12/2002) f | | } 09/16/2002 149 ORDER by Judge Gary L. Taylor GRANTING in part DENYING in part Plfs' motion for summary judgment [26-1], [26-2] (see doc for 81 fur details) (mg) (Entered: 09/18/2002) 09/24/2002 150 MINUTES (in chambers): by Judge Gary L. Taylor: inappropriate correspondence w/Crt dated 9/20/02; any such communication shld be by appropriate, filed, pleading; CR: none present (see doc for specifics) (In) (Entered: 09/26/2002) 09/25/2002 PLACED IN FILE - NOT USED; Intervenors' [Proposed] stmt of uncontroverted facts & concl of law in suppt of mot for summ jgm or, in the alt, partial summ jgm; ldg 8/5/02 (mg) (Entered: 09/30/2002) | 09/25/2002 | PLACED IN FILE - NOT USED; [Proposed] stmt of uncontroverted facts & concl of law in suppt of Plfs' mot for summ jgm or, in the alt, partial summ jgm; ldg 5/24/02 (mg) (Entered: 09/30/2002) 09/25/2002 ~—_4-— PLACED IN FILE - NOT USED; [Proposed] Ord GR Plfs' mot for summ jgm or, in the alt, partial summ jgm; lIdg 5/24/02 (mg) (Entered: 09/30/2002) 09/26/2002 152 NOTICE OF MOTION AND MOTION by defendants for reconsideration of the court's order granting plfs' motion for summary ‘ 82 judgment in part ; motion hearing set for 10:00 10/21/02 (mt) (Entered: 10/03/2002) 09/26/2002 153 POINTS AND AUTHORITIES IN SUPPORT by defendants of dfts' motion for reconsideration of the court's order granting plfs' motion for summary judgment in part [152-1] (mt) (Entered: 10/03/2002) 09/26/2002 154 DECLARATION of Phyllis Cheng by defendants in suppt of dfts' motion for reconsideration of the court's order granting plfs' motion for summary judgment in part [152-1] (mt) (Entered: 10/03/2002) 155 DECLARATION OF SERVICE by defendants on 9/26/02 of motion for reconsideration and supporting docs (mt) (Entered: 10/03/2002) 156 REQUEST by defendants for Judicial Notice in suppt of dfts' motion for reconsideration of the court's order granting plfs' motion for summary judgment in part [152-1] (mt) (Entered: 10/03/2002) 157 NOTICE OF MOTION AND MOTION by intervenors AFL-CIO, CA Labor Fed AFL-CIO for reconsideration ; motion hearing set for 10:00 10/21/02 (mt) (Entered: 10/03/2002) 83 09/26/2002 158 REQUEST by intervenors AFL- CIO, CA Labor Fed AFL-CIO for Judicial Notice in suppt of motion for reconsideration [157-1]; decl of Scott A Kronland,; exhibits A-C (mt) (Entered: 10/03/2002) 09/26/2002 159 PROOF OF SERVICE by intervenor AFL-CIO, intervenor CA Labor Fed AFL-CIO on 9/26/02 of Intervenors' ntc of motion & motion for reconsideration (see doc for fur details) (mt) (Entered: 10/03/2002) 10/01/2002 151 MINUTES (in chambers): by Judge Gary L. Taylor: cnsl has contacted Crt, asking if further Ord is going to be issued on the recent mots for summ jgm; Crt is not planning to issue further Ord; any pty may make any addl mot they deem appropriate; CR: none present (see doc for specifics) (In) (Entered: 10/02/2002) 10/03/2002 160 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 7/1/02; CR: Sally Marshall (mg) (Entered: 10/10/2002) 4 a a y. q ‘ ; * a 2 % 10/03/2002 TRANSCRIPT filed for proceedings held on 7/1/02 (mg) (Entered: 10/10/2002) 10/09/2002 161 STIPULATION and ORDER by ow OS! a Ie EO le eee a eee ST a aes 84 Judge Gary L. Taylor cont hearing on Dfts' & Intervenors' motions for reconsideration [157-1], [152-1] to 10:00 11/18/02. Sched conf cont to 10:00 11/18/02 . (mg) (Entered: 10/11/2002) 10/18/2002 162 DECLARATION OF SERVICE by defendants on 10/16/02 of Stip & Order to cont the hrg & briefing sched on Dfts' & Intervenors' mots for recon & the sched conf (mg) (Entered: 10/28/2002) ee Me ee a LS tye EPR ee A Ne SN Oe MOREY ne Oe a 11/04/2002 163 Memorandum of points § and authorities in OPPOSITION by plaintiff to motion for reconsideration [157-1], motion for reconsideration of the court's order granting plfs' motion for summary judgment in part [152-1] (csb) (Entered: 11/09/2002) 11/12/2002 164 STIPULATION and ORDER by Judge Gary L. Taylor, continuing the hearing on motion for reconsideration [157-1] 10:00 1/6/03, hearing motion for reconsideration of the court's order granting plfs' motion for summary judgment in part [152-1] 10:00 1/6/03, continuing the scheduling conference to 10:00 1/6/03 (bp) (Entered: 11/18/2002) | een 11/19/2002 165 DECLARATION OF SERVICE by 85 defendant on 11/15/02 of Stipulation and Order to continue hearing on Defendants' and Intervenors' motions for reconsideration and the scheduling conference (mg) (Entered: 11/25/2002) 12/27/2002 167 STIPULATION filed re _ joint request to reschedule 1/6/03 motions hearing & scheduling conference if accompanying stipulation and proposed order is not approved (mg) (Entered: 01/06/2003) ee 01/03/2003 166 JUDGMENT AND ORDER by Judge Gary L. Taylor: Judgment is hereby entered as follows: CA Govt Code sections 16645.2 and 16645.7 are hereby declared to be invalid as applied to employers covered by the National Labor Relations Act. Court finds sections 16645.2 and 16645.7 to be preempted by the National Labor Relations Act and thus invalied under the Supremacy Clause. Dfts and Intervenors as well as_ their agents, servants, and employees and those persons in active concert of participation with them who receive actual notice of this order, are hereby enjoined and restrained from taking any actions to enforce e 4 we, ° a ee $e. i So a, 86 CA Govt Code sections 16645.2 and 16645.7 on behalf of the people of the State of California against any employer covered by the National Labor Relations Act; terminating case (MD JS-6) (mt) (Entered: 01/03/2003) 01/03/2003 168 STIPULATION and ORDER by Judge Gary L. Taylor GRANTING IN PART Defendants' & Intervenors' motions for reconsideration [157-1], [152-1] (see documents for further details) (mg) (Entered: 01/07/2003) 01/03/2003 PLACED IN FILE - NOT USED; [Proposed] Order granting Defendants’ motion for reconsideration of the Court's order granting Plaintiffs' motion for summary judgment in part; lodged 9/26/02 (mg) (Entered: 01/07/2003) 01/03/2003 PLACED IN FILE - NOT USED; [Proposed] Order granting intervenors' motion for reconsideration of the Court's order granting Plaintiffs’ motion for summary judgment in part; lodged 9/26/02 (mg) (Entered: 01/07/2003) 01/03/2003 PLACED IN FILE - NOT USED; Joint stipulation & [proposed] a 87 order granting Defendants' & Intervenors' motion for reconsideration in part & granting request for partial final judgment regarding California government code sections 16645.2 & 16645.7 (mg) (Entered: 01/07/2003) 01/07/2003 169 NOTICE OF APPEAL by intervenors American Federation of Labor and Congress of Industrial Organizations and California Labor Federation,AFL- CIO to 9th C/A from Dist. Court jem fid 1/3/03 [166-2] (cc: Altshuler, Berzon,Nussbaum,Rubin & Demain;Attorney General of the State of California;State Attorney General;Hopper Lundy & Bookman, Inc.;Jackson Lewis LLP;Stephen A. Bokat) Fee: Billed. (ghap) (Entered: 01/09/2003) 01/07/2003 170 REPRESENTATION STATEMENT re appeal [169-1] (ghap) (Entered: 01/09/2003) 01/07/2003 171 PROOF OF SERVICE by intervenors American Federation of Labor and Congress. of Industrial Organizations and California Labor Federation,AFL- CIO. (ghap) (Entered: 01/09/2003) | | 01/07/2003 LODGED Civil Appeals Docketing re Pee a Pe Pe ee ee ee eee ee eee ee ee ek 88 Statement submitted by intervenors American Federation of Labor and Congress of Industrial Organizations and California Labor Federation,AFL- CIO. (fwd to 9th cca) (ghap) (Entered: 01/09/2003) 01/10/2003 172 APPLICATION FOR EX PARTE APPLICATION filed by intervenors for order staying judgment pending appeal (mg) (Entered: 01/13/2003) 01/10/2003 173 PROOF OF SERVICE by intervenors on 1/10/03 _—s— oof Application for ex parte order staying judgment pending appeal (mg) (Entered: 01/13/2003) 01/13/2003 174 NOTICE OF CHANGE Of Address filed by attorneys Mark A Johnson and Mark E Reagan for plaintiff Internext Group. The new address for Hooper, Lundy & Bookman Inc is 180 Montgomery Street, Suite 1000, San Francisco, CA 94104. The telephone number & fax number remain the same (mg) (Entered: 01/14/2003) 175 NOTICE OF APPEAL by defendant California Attorney General Bill Lockyer, defendant Diana M Bonta, defendant Frank G Vanacore to 9th C/A from Dist. 89 Court Judgment & Order filed on 1/3/03, [166-2] (cc: Suzanne M. Ambrose; Hopper Lundy & Bookman; Scott W. Oborne; Stephen A. Bokat; Richard T. Waldow; Altshuler, Berzon, Nussbaum, Rubin & Demain; O'Melveny & Myers) Fee: Billed (weap) (Entered: 01/14/2003) 01/13/2003 176 REPRESENTATION STATEMENT re appeal [175-1] (weap) (Entered: 01/14/2003) 01/13/2003 LODGED Civil Appeals Docketing Statement submitted by defendant Bill Lockyer, defendant Diana M Bonta, defendant Frank G Vanacore (FWD TO CRD) (weap) (Entered: 01/14/2003) 01/13/2003 177 PROOF OF SERVICE by defendant Bill Lockyer, defendant Diana M Bonta, defendant Frank G Vanacore on 1/10/03 of Notice of Appeal from Judgment enterd on 1/3/03; Representation Statement for Appeal & Civil Appeals docketing Statement. (weap) (Entered: 01/14/2003) 01/14/2003 178 OPPOSITION by plaintiffs to Intervenors' ex parte application for order staying judgment pending appeal [172-1] (mg) (Entered: 01/15/2003) 4 Reed 90 01/14/2003 179 DECLARATION of Bradley W Kampas by plaintiffs in support of Plaintiffs’ opposition to Intervenors' ex parte application for order staying judgment pending appeal [172-1] (mg) (Entered: 01/15/2003) 01/14/2003 = 180 MINUTES (In Chambers) by Judge Gary L. Taylor: denying Intervenor's ex parte application for order staying judgment pending appeal [172-1]; CR: (not present) (mg) (Entered: 01/15/2003) ' 01/14/2003 PLACED IN FILE - NOT USEL; [Proposed] order staying judgment pending appeal; lodged 1/10/03 (mg) (Entered: 01/16/2003) 01/16/2003 181 TRANSCRIPT DESIGNATION and ordering form for dates: 9/9/02 CR: Sally Marshall. (ghap) (Entered: 01/16/2003) 01/24/2003 Appeal Fee Paid re [175-1] fee in amount of $ 105.00 (Receipt # 31294) (dlu) (Entered: 01/24/2003) | | | | | wees | 182 EX PARTE APPLICATION filed by defendants for order staying judgment pending appeal ; Lodged Proposed Order (mg) (Entered: 01/24/2003) 91 01/24/2003 183 DECLARATION OF SERVICE by defendants on 1/23/03_~—ésooff Application for ex parte order staying judgment pending appeal & [proposed] order (mg) (Entered: 01/24/2003) 01/27/2003 184 MINUTES (in chambers): dft's ex parte application for order staying judgment pending appeal [182-1] is DENIED; by Judge Gary L. Taylor CR: none present (ln) (Entered: 01/28/2003) 01/27/2003 PLACED IN FILE - NOT USED; [Proposed] Order staying judgment pending appeal; lodged 1/24/03 (mg) (Entered: 01/30/2003) 01/29/2003 185 OPPOSITION by plaintiffs to Defendants’ ex parte application for order staying judgment pending appeal [182-1] (mg) (Entered: 01/31/2003) 01/31/2003 186 NOTIFICATION by Circuit Court of Appellate Docket Number appeal [169-1] 03-55166 (pjap) (Entered: 01/31/2003) 01/31/2003 187 NOTIFICATION by Circuit Court of Appellate Docket Number appeal [175-1] 03-55169 (pjap) (Entered: 01/31/2003) 02/03/2003 189 TRANSCRIPT DESIGNATION 92 and ordering form for dates: 9/9/02 CR: Sally Marshall (dlu) (Entered: 02/05/2003) 02/04/2003 Appeal Fee Paid re [169-1] fee in amount of $ 105.00 (Receipt # 31827) (dlu) (Entered: 02/04/2003) 02/04/2003 | 188 |} NOTICE OF CLERICAL ERROR: case number is changed from SACV02-37 GLT(ANx) to SACV02- 377 GLT(ANx); doc was docketed to correct case number however was scanned to incorrect case number; (In) (Entered: 02/04/2003) 03/17/2003 190 ORDER FROM USCA appellants’ motion to consolidated these appeals is granted. Appeal Nos. 03-55166 and 03-55169 are consolidated. Appellants’ motion to stay the district court's judgment pending appeal is denied. (03- 55166 & 03-55169) (ghap) (Entered: 03/24/2003) 03/21/2003 191 RECEIPT for reporter's transcript (twdb) (Entered: 03/24/2003) 03/21/2003 192 REPORTER'S TRANSCRIPT of proceedings filed. on 9/9/02 (twdb) (Entered: 03/24/2003) 07/28/2003 193 CLERK'S record on _ appeal transmitted to Circuit [175-1], [169-1] vols: 11, 2 brown folders of 93 docket no. BO066, BO111, transcripts: 2. Missing document: Docket no. 162 not included. (03- 55166, 03-55169) (pjap) (Entered: 07/28/2003) 07/28/2003 194 CERTIFICATE of Record Transmitted to USCA (03-55169) (ce: all parties) (pjap) (Entered: 07/28/2003) 07/28/2003 195 CERTIFICATE of Record Transmitted to USCA (03-55166) (ce: all parties) (pjap) (Entered: 07/28/2003) 01/17/2006 196 ORDER from 9th CCA filed, CCA # 03-55166, 03-55169. Order received in this district on 1/20/06. Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35- 3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court. (ghap, ) (Entered: 01/23/2006) 94 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA The Chamber of Commerce of the United States, California Chamber of Commerce Employers Group, California Healthcare Association, California Manufacturers and Technology Association, California Association of Health Facilities, California Association of Homes & Services for the Aging, Bettec Corporation, Marksherm Corporation, Zilaco, Inc., Zilaco Del Rio Healthcare Inc., Beverly Health & Rehabilitation Services, Inc. dba Beverly Manor — Costa Mesa, Internext Group, Plaintiffs, Vv. Bill Lockyer in his capacity as Attorney General of the State of California, The Department of Health Services, Frank G. Vanacore as the Chief of the Audit Review and Analysis Section of the California Department of Health Services, and Diana M. Bonta, R.N., Dr., P.H. as the Director of the California Department of Health Services and DOES 1 through 10, Defendants. COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF 95 Plaintiffs CHAMBER OF COMMERCE OF THE UNITED STATES (“US_ Chamber’), CALIFORNIA CHAMBER OF COMMERCE (“California Chamber”), EMPLOYERS GROUP, CALIFORNIA HEALTHCARE ASSOCIATION (“CHA”), CALIFORNIA MANUFACTURERS AND TECHNOLOGY ASSOCIATION (“CMTA”), CALIFORNIA ASSOCIATION OF HEALTH FACILITIES (“CAHF’), CALIFORNIA ASSOCIATION OF HOMES & SERVICES FOR THE AGING (“CAHSA”), BETTEC CORPORATION (“Bettec”), MARKSHERM CORPORATION (“Marksherm”), ZILACO, INC., ZILACO, DEL RIO HEALTH CARE, INC. (“Del Rio”), BEVERLY HEALTH & REHABILITATION SERVICES, INC. dba BEVERLY MANOR — COSTA MESA (“Beverly Manor”), and THE INTERNEXT GROUP (“Internext”), (collectively, “Plaintiffs”), by and through their counsel, for their complaint against defendants, BILL LOCKYER, Attorney General of the State of California (“Attorney General”) the Department of Health Services, Frank G. Vanacore as the Chief of the Audit Review and Analysis Section of the California Department of Health Services, and Diana M. Bonta, R.N., Dr., P.H. as the Director of the California Department of Health Services and DOES 1 through 10 (collectively, “Defendants”), upon knowledge and belief allege: I. JURISDICTION AND VENUE 1. This Court has jurisdiction over the subject matter of this suit pursuant to 28 U.S.C. Section 1331 as Plaintiffs’ claims arise under: a. the due process and equal protection provisions of the Fourteenth Amendment to the United States Constitution — which incorporates the free speech provisions of the First Amendmert. b. Article VI of the United States Constitution which designates the Constitution and Laws of the United States as the supreme Law of the Land; and Cc. the laws of the United States, namely, the National Labor Relations Act, 29 U.S.C. Section 141 et seg, the Labor Management Reporting and Disclosure Act, 29 U.S.C. Section 401 et seg, and the Medicare Act and Medicaid Act, 42 U.S.C. Section 1395 et seg. and 1396 et seq. 2. This Court has supplemental jurisdiction over this subject matter pursuant to 28 U.S.C. Section 1367(a) as Plaintiffs’ claims, arising under the California Constitution, are so closely related to the federal question claims that they form part of the same case or controversy under Article III of the United States Constitution. 3. Venue is proper in this Court pursuant to 28 U.S.C. Section 1391(b) as this Court is sited in the Federal judicial district where a substantial part of the events giving rise to Plaintiffs’ claims have occurred, are now occurring, and will occur in the future if not curtailed through actions of this Court. Employer members of Plaintiffs US Chamber, California Chamber, Employers Group, CHA, CMTA, CAHF, and CAHSA are situated in this district and 97 are and will continue to be adversely affected by the irreparable harms sought to be remedied and prevented by this Court’s action upon this Complaint. In addition, Plaintiffs CAHF, Bettec, Zilaco, Inc., Zilaco, Marksherm, Del Rio and Internext are situated in Los Angeles County and are and will contiaue to be affected by the harms sought to be remedied by this Complaint. Beverly Manor is located in Orange County and is and will continue to be adversely affected by the harms sought to be remedied by this Complaint. Il. NATURE OF ACTION 4. This action seeks declaratory relief pursuant to the Declaratory Relief Act, 28 U.S.C. Sections 2201-2202, that California Assembly Bill 1889, contained in California Government Code Sections 16645 through 16649 (“AB 1889”), is unconstitutional under the Federal and California Constitutions, is preempted under the National Labor Relations Act, 29 U.S.C. Section 151 et seg. (“NLRA”), the Labor Management Reporting and Disclosure Act, 29 U.S.C. Section 401 et seg. (“LMRDA”), and is preempted by and violates the provisions of the California State Medicaid Plan established pursuant to the requirements of the Medicare Act, 42 U.S.C. Section 1395 et seg. (“Medicare Act”) and Medicaid Act, 42 U.S.C. Section 1996 et seg. (“Medicaid Act”). It also seeks preliminary and permanent injunctive relief enjoining the enforcement of AB 1889 and other related actions undertaken by defendants pursuant to its provisions. (A copy of AB 1889 is attached hereto as Exhibit A.) ft > os - és 3 7 98 Til. PARTIES 5. Plaintiff US Chamber is the world’s largest business federation, representing an underlying membership of more than three million businesses and organizations of every size and in every industry sector and region of the country. It has approximately 11,000 members in the state of California. A principle function of the US Chamber is to represent the interests of its members on issues of vital concern to the business community before the Congress, the Executive Branch and the courts. 6. More than one of the US Chamber’s member employers receive grants of state funds, have contracts with the State of California under which they receive payments from the State in excess of $50,000 and receive state funds in excess of $10,000 in a calendar year on account of their participation in state programs. Some of these employers provide services to the state in excess of $50,000. Some of these employers have employees who perform services on service contracts for the state and seek reimbursement from the state. Some of these employers are currently experiencing organizing activities of labor organizations, and expect to continue to experience such labor organizing activities because a union representation election is scheduled in the future. Some of these employers have their supervisors and other management personnel inform employees who perform work on state contracts of the potential drawbacks of membership in a labor organization and the benefits of maintaining a_ direct relationship with management. Some of these employers pay legal counsel with respect to the organizing activity to advise them of their legal rights and responsibilities under the National Labor Relations Act and to assist them with union organizing drives and election campaigns in an effort to inform employees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. Some of these employers pay and retain consultants to assist them with organizing and election campaigns in an effort to inform employees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a_e direct relationship with management. Some of these employers pay their supervisory and management employees to assist in communicating to employees the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. Some of these employers incur expenses related to the creation and distribution of print and other materials for the purpose of communicating to employees the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. Some of these employers lease property from the State of California to hold meetings with employees and supervisors for the purpose of informing employees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. These properties are not equally available to the general public to hold meetings free of charge. The certification and _ reporting requirements of AB 1889 will cost these employers significant sums of money and resources. In order to 100 attempt to comply with the requirements of AB 1889, these employers must expend significant sums of money and resources. Materials, products and services of these employers affect interstate commerce and cross state lines. 7. Plaintiff California Chamber is an association of 13,000 employers who employ three million California employees. One of the purposes of the California Chamber is to inform employees and assist member employers’ efforts to inform employees about labor unions. Specifically, one of the purposes of the California Chamber is to inform its member employers regarding how to lawfully advise their employees of the disadvantages of unionizing. The California Chamber further exists to ease legislative and administrative burdens of California employers. Protecting member employers’ free speech rights, National Labor Relations Act rights, equal protection rights and right to counsel is directly germane to the purpose of the California Chamber. 8. More than one of California Chamber’s member employers receive grants of state funds, have contracts with the State of California under which they receive payments from the State in excess of $50,000 and receive state funds in excess of $10,000 in a calendar year on account of their participation in state programs. Sume of these employers provide services to the state in excess of $50,000. Some of these employers have employees who perform services on service contracts for the state and seek reimbursement from the state. Some of these employers are currently experiencing organizing activities of labor organizations, and expect to continue to experience such labor organizing 101 activities because a union representation election is scheduled in the future. Some of these employers have their supervisors and other management personnel inform employees who perform work on state contracts of the potential drawbacks of membership in a labor organization and the benefits of maintaining a_ direct relationship with management. Some of these employers pay legal counsel with respect to the organizing activity to advise them of their legal rights and responsibilities under the National Labor Relations Act and to assist them with union organizing drives and election campaigns in an effort to inform employees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. Some of these employers pay and retain consultants to assist them with organizing and election campaigns in an effort to inform eraployees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a _ direct relationship with management. Some of these employers pay their supervisory and management employees to assist in communicating to employees the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. Some of these employers incur expenses related to the creation and distribution of print and other materials for the purpose of communicating to employees the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. Some of these employers lease property from the State of California to hold meetings with employees and supervisors for the a Re Se ae a Se ee eee ee ee re. oe Oe ae eee bia > . . Cad | th), ' | i / : ; 102 purpose of informing employees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. These properties are not equally available to the general public to hold meetings free of charge. The certification and _ reporting requirements of AB 1889 will cost these employers significant sums of money and resources. In order to attempt to comply with the requirements of AB 1889, these employers must expend significant sums of money and resources. Materials, products and services of these employers affect interstate commerce and cross state lines. 9. The Employers Group is an association of employers whose members include 4,700 employers in California who employ over one million California employees. One of the purposes of the Employers Group is to assist member employers’ efforts to inform employees about labor unions. Specifically, one of the purposes of the Employers Group is to advise its member employers regarding how to lawfully discuss with their employees the key considerations of unionizing. The Employers Group further exists to help ease legislative and administrative burdens of California employers. Protecting member employers’ First Amendment free speech rights, Nationa) Labor Relations Act rights, equal protection rights and right to counsel is directly germane to the purpose of the Employers Group. 10. More than one of the Employers Group’s member employers receive grants of state funds, have contracts with the State of California under which they receive payments from the State in excess of $50,000 and receive state funds in excess of $10,000 -- - —--e - -- S- - — —— a ae oe Oe 103 in a calendar year on account of their participation in state programs. Some of these employers provide services to the state in excess of $50,000. Some of these employers have employees who perform services on service contracts for the state and seek reimbursement from the state. Some of these employers are currently experiencing organizing activities of labor organizations, and expect to continue to experience such labor organizing activities because a uniow representation election is scheduled in the future. Some of these employers have their supervisors and other management personnel inform employees who perform work on state contracts of the potential drawbacks of membership in a labor organization and the benefits of maintaining a_ direct’ relationship with management. Some of these employers pay legal counsel with respect to the organizing activity to advise them of their legal rights and responsibilities under the National Labor Relations Act and to assist them with union organizing drives and election campaigns in an effort to inform employees o the pctential drawhacks of membership in a _ labor organization and the benefits of maintaining a direct relationship with management. Some of these employers pay and retain consultants to assist them with organizing and election campaigns in an effort to inform employees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a_ direct relationship with management. Some of these employers pay their supervisory and management employees to assist in communicating to employees the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with —————_-.-—— - 104 management. Some of these employers incur expenses related to the creation and distribution of print and other materials for the purpose of communicating to employees the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. Some of these employers lease property from the State of California to hold meetings with employees and supervisors for the purpose of informing employees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. These properties are not equally available to the general public to hold meetings free of charge. The certification and _ reporting requirements of AB 1889 will cost these employers significant sums of money and resources. In order to attempt to comply with the requirements of AB 1889, these employers must expend significant sums of money and resources. Materials, products and services of these employers affect interstate commerce and cross state lines. 11. The CHA is an association of healthcare employers whose members inclu ie approximately 432 employers in California) who employ approximately 380,000 California employees. One of the purposes of the CHA is to inform employees and assist member employers’ efforts to inform employees about labor unions. Specifically, one of the purposes of the CHA is to inform its member employers regarding how to lawfully advise their employees of the advantages and disadvantages of unionizing. The CHA further exists to ease legislative and administrative burdens of California healthcare employers. Protecting member employers’ free 105 speech rights, National Labor Relations Act. rights, equal protection rights and right to counsel is directly germane to the purpose of the CHA. 12. More than one of CHA’s member employers receive grants of state funds, have contracts with the State of California under which they receive payments from the State in excess of $50,000 and receive state funds in excess of $10,000 in a calendar year on account of their participation in state programs. Some of these employers provide services to the state in excess of $50,000. Some of these employers have employees who perform services on service contracts for the state and seek reimbursement from the state. Some of these employers are currently experiencing organizing activities of labor organizations, and expect to continue to experience such labor organizing activities because a union representation election is scheduled in the future. Some of these employers have their supervisors and other management personnel inform employees who perform work on state contracts of the potential drawbacks of membership in a labor organization and the benefits of maintaining a _ direct. relationship with management. Some of these employers pay legal counsel with respect to the organizing activity to advise them of their legal rights and responsibilities under the National Labor Relations Act and to assist them with union organizing drives and election campaigns in an effort to inform employees of the potential drawbacks of membership in a _ labor organization and the benefits of maintaining a direct relationship with management. Some of these employers pay and retain consultants to assist them with organizing and election campaigns in an effort 106 to inform employees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a_ direct relationship with management. Some of these employers pay their supervisory and management employees to assist in communicating to employees the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. Some of these employers incur expenses related to the creation and distribution of print and other materials for the purpose of communicating to employees the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. Some of these employers lease property from the State of California to hold meetings with employees and supervisors for the purpose of informing employees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. These properties are not equally available to the general public to hold meetings free of charge. Some of these employers are state government hospitals and public employers which receive state funds. The certification and reporting requirements of AB 1889 will cost these employers significant sums of money and resources. In order to attempt to comply with the requirements of AB 1889, these employers must expend significant sums of money and resources. Materials, products and services of these employers affect interstate commerce and cross state lines. 13. The CMTA is an _ association of employers whose members include approximately 800 employers in California who employ upwards of 107 one million California employees. The CMTA exists to ease legislative and administrative burdens of California employers. One of the purposes of the CMTA is to assist member employers’ efforts to inform employees about labor unions. Specifically, one of the purposes of the CMTA is to inform its member employers regarding how to advise their employees of the disadvantages of unionizing. Protecting member employers’ First Amendment free speech rights, National Labor Relations Act rights, equal protection rights and right to counsel is directly germane to the purpose of the CMTA. 14. More than one of the CMTA’s member employers receive grants of state funds, have contracts with the State of California under which they receive payments from the State in excess of $50,000 and receive state funds in excess of $10,000 in a calendar year on account of their participation in state programs. Some of these employers provide services to the state in excess of $50,000. Some of these employers have employees who perform services on service contracts for the state and seek reimbursement from the state. Some of these employers are currently experiencing organizing activities of labor organizations, and expect to continue to experience such labor organizing activities because a union representation election is scheduled in the future. Some of these employers have their supervisors and other management personnel inform employees who perform work on state contracts of the potential drawbacks of membership in a labor organization and the benefits of maintaining a_ direct’ relationship § with management. Some of these employers pay legal counsel with respect to the organizing activity to . 23e te Oe © tank att ed Pee Bo. Sal dics TA et eh Ee Pag 108 advise them of their legal rights and responsibilities under the National Labor Relations Act and to assist them with union organizing drives and election campaigns in an effort to inform employees of the potential drawbacks of membership in a _ labor organization and the benefits of maintaining a direct relationship with management. Some of these employers pay and retain consultants to assist them with organizing and election campaigns in an effort to inform employees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a_ direct relationship with management. Some of these employers pay their supervisory and management employees to assist in communicating to employees the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. Some of these employers incur expenses related to the creation and distribution of print and other materials for the purpose of communicating to employees the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. Some of these employers lease property from the State of California to hold meetings with employees and supervisors for the purpose of informing employees of the potential drawbacks of membership in a labor organization and the benefits of maintaining a direct relationship with management. These properties are not equally available to the general public to hold meetings free of charge. The certification and _ reporting requirements of AB 1889 will cost these employers significant sums of money and resources. In order to attempt to comply with the requirements of AB 1889, 109 these employers must expend significant sums of money and resources. Materials, products and services of these employers affect interstate commerce and cross state lines. 15. The CAHF is_ an __ association representing approximately 1,600 licensed skilled nursing facilities (“SNFs”), intermediate care facilities (“ICFs”) and intermediate care for the developmentally disabled facilities (“ICF-DDs”) in the State of California (collectively, “long term care facilities”). While the CAHF represents member organizations that are organized as both “for profit” and “not for profit” entities, the majority of its membership operates long term care facilities organized as “for profit” entities. The CAHF members employ approximately -72,000 employees. The CAHF exists to advocate on behalf of its member long term care facilities before all relevant governmental bodies, including the _ executive, legislative and judicial branches of the state and federal governments in order to ensure that the interests of such facilities are advanced and not impaired in all material respects. One of the fundamental purposes of the CAHF is to protect the interests of its member facilities in their role as participants in the Medicaid program (known as Medi-Cal in California), including ensuring that governmental action involving the Medi-Cal program is consistent with the California State Medicaid Plan (“State Plan”) and federal Medicaid laws and regulations. Such governmental action includes the application of federal and state requirements involving the establishment of facility reimbursement under Medi-Cal (such as cost reporting, rate setting and auditing) as well as the quality of care to be ‘ ’ : : a } 4 3 j aa ; } 110 ‘provided by facilities in o [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385016_0515%3A09. Public record. Not legal advice.