Allied Concrete and Supply Co. et al v. Edmund Gerald Brown Jr., et al, No. 2:2016cv04830 - Document 102 (C.D. Cal. 2017)

Court Description: PERMANENT INJUNCTION AND FINAL JUDGMENT by Judge R. Gary Klausner, in favor of Christine Baker, Julie A. Su against Allied Concrete and Supply Co., Calportland Company, Gary Bale Redi-Mix Concrete Inc., Holliday Rock Co., Inc., National Ready Mixed Concrete Co., Robertson s Ready Mix, Ltd, Spragues Rock and Sand Company, Superior Ready Mix Concrete L.P. (MD JS-6, Case Terminated). (SEE JUDGMENT FOR SPECIFICS) (bp)

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Allied Concrete and Supply Co. et al v. Edmund Gerald Brown Jr., et al Doc. 102 1 MICHAEL G. YODER (State Bar No. 83059) m ~~yoder omm.com CHRIST PHER S. WHITTAKER(State Bar No 274699) 2 cwhittaker omm.com O 3 'MELVEr~ & MYERS LLP Priority 610 Newport Center Drive, Suite 1700 Send 4 Newport Beach, California 92660-6429 Enter Telephone: 949-823-6900 Facsimile: 949-823-6994 Closed 5 JS-5/ ~6~ JS-2/JS-3 Scan Only 6 ~ Attorneys for Plaintiffs 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 ALLIED CONCRETE AND SUPPLY CO., a California corporation, et al., 13 Plaintiffs, 14 Case No.: 2:16-cv-04830-RGK(FFM) PERMANENT INJUNCTION AND FINAL JUDGMENT v. 15 EDMUND GERALD BROWN JR., in 16 his official capacity as the Governor of the State of California, et al., 17 Defendants. 18 Judge: Courtroom: Hon. R. Gary Klausner 850 19 2 0 On December 2, 2016, this Court issued its Order re: Defendants' Motion to 21 Dismiss(DE 39), in which it dismissed the Second Claim for Relief for Preemption 22 alleged in Plaintiffs' Complaint(ECF No. 1), but declined to dismiss Plaintiffs' First 23 Claim for Relief for Equal Protection. See ECF No. 79.On March 6,2017, this 24 Court issued its Order Re: Plaintiffs' Motion for Summary Judgment and for a 25 Permanent Injunction(DE 86), in which it granted summary judgment in favor of 2 Plaintiffs on the First Claim for Relief alleged in Plaintiffs' Complaint(ECF No. 1) 6 27 and granted Plaintiffs' request for a permanent injunction. See ECF No. 98. -1- [ PROPOSED]PERMANENT INJUNCTION e ~.m Fr~.r e t ri rnrraF~.rT Dockets.Justia.com 1 For the reasons detailed in those orders, IT IS HEREBY ORDERED AND 2 II ADJUDGED that: 3 1. Judgment is entered in favor of Defendants Christine Baker, Director 4 ofthe Department of Industrial Relations ofthe State of California, 5 and Julie Su, Labor Commissioner for the State of California 6 ( collectively,"Defendants"), and against Plaintiffs Allied Concrete and 7 Supply Co., CalPortland Company, Gary Bale Redi-Mix Concrete, 8 Inc., Holliday Rock Co., Inc., National Ready Mixed Concrete Co., 9 Robertson's Ready Mix, Ltd., Spragues' Rock and Sand Company, 10 and Superior Ready Mix Concrete L.P.(collectively,"Plaintiffs") on 11 the Second Claim for Relief alleged in Plaintiffs' Complaint(ECF 12 No. 1); 13 14 2 Judgment is entered in favor of Plaintiffs and against Defendants on . the First Claim for Relief alleged in Plaintiffs' Complaint(ECF No. 1); 15 3 California Labor Code Section 1720.9 violates the Equal Protection . 16 Clause of the Constitution of the United States under the Fourteenth 17 Amendment and enforced through 42 U.S.C. § 1983; 18 4 California Labor Code Section 1720.9 is unconstitutional as applied to . 19 Plaintiffs and all those similarly situated, including other suppliers, 2 0 haulers, and deliverers of ready-mixed concrete, and contractors hiring 21 or using any supplier, hauler, or deliverer of ready-mixed concrete; 22 5. Defendants and their respective officers, agents, servants, employees, 23 subordinates, and attorneys, and anyone acting in concert or 2 4 participation with any of those individuals, are hereby 25 PERMANENTLY ENJOINED from applying or enforcing California 2 6 Labor Code Section 1720.9 against Plaintiffs and all those similarly 27 situated, including other suppliers, haulers, and deliverers of ready- 28 -2- [PROPOSED]PERMANENT INJUNCTION ANn FINAT,Ji1nC;MF.NT 1 mixed concrete, and contractors hiring or using any supplier, hauler, or 2 deliverer of ready-mixed concrete; 3 6 Defendants and their respective officers, agents, servants, employees, . 4 subordinates, and attorneys, and anyone acting in concert or 5 participation with any of those individuals, are hereby further 6 PERMANENTLY ENJOINED from imposing on Plaintiffs and all 7 those similarly situated, including other suppliers, haulers, and 8 deliverers ofready-mixed concrete, and contractors hiring or using any 9 supplier, hauler, or deliverer of ready-mixed concrete, any fines or 10 penalties predicated on California Labor Code Section 1720.9; 11 7 Defendants shall provide notice ofthis Permanent Injunction and Final . 12 Judgment to all individuals employed in the Department of Industrial 13 Relations of the State of California or the Division ofLabor Standards 14 Enforcement or who otherwise have the authority or responsibility for 15 application or enforcement of California Labor Code Section 1720.9 16 17 18 19 2 0 21 22 DATED: March ~ ~", 2017 By: Th on. J ge R. Gary Klausner Un ed States District Judge 23 2 4 25 2 6 27 28 -3- [ PROPOSED]PERMANENT INJUNCTION AN11 FTNAI,.Ti1nCiMF.NT

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