ALLIED CONCRETE AND SUPPLY CO. v. BROWN, 2:16-cv-04830-RGK (FFM). (2017)
Court: District Court, C.D. California
Number: infdco20170315976
Visitors: 5
Filed: Mar. 14, 2017
Latest Update: Mar. 14, 2017
Summary: PERMANENT INJUNCTION AND FINAL JUDGMENT R. GARY KLAUSNER , District Judge . On December 2, 2016, this Court issued its Order re: Defendants' Motion to Dismiss(DE 39), in which it dismissed the Second Claim for Relief for Preemption alleged in Plaintiffs' Complaint (ECF No. 1), but declined to dismiss Plaintiffs' First Claim for Relief for Equal Protection. See ECF No. 79. On March 6, 2017, this Court issued its Order Re: Plaintiffs' Motion for Summary Judgment and for a Permanent Injuncti
Summary: PERMANENT INJUNCTION AND FINAL JUDGMENT R. GARY KLAUSNER , District Judge . On December 2, 2016, this Court issued its Order re: Defendants' Motion to Dismiss(DE 39), in which it dismissed the Second Claim for Relief for Preemption alleged in Plaintiffs' Complaint (ECF No. 1), but declined to dismiss Plaintiffs' First Claim for Relief for Equal Protection. See ECF No. 79. On March 6, 2017, this Court issued its Order Re: Plaintiffs' Motion for Summary Judgment and for a Permanent Injunctio..
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PERMANENT INJUNCTION AND FINAL JUDGMENT
R. GARY KLAUSNER, District Judge.
On December 2, 2016, this Court issued its Order re: Defendants' Motion to Dismiss(DE 39), in which it dismissed the Second Claim for Relief for Preemption alleged in Plaintiffs' Complaint (ECF No. 1), but declined to dismiss Plaintiffs' First Claim for Relief for Equal Protection. See ECF No. 79. On March 6, 2017, this Court issued its Order Re: Plaintiffs' Motion for Summary Judgment and for a Permanent Injunction (DE 86), in which it granted summary judgment in favor of Plaintiffs on the First Claim for Relief alleged in Plaintiffs' Complaint (ECF No. 1) and granted Plaintiffs' request for a permanent injunction. See ECF No. 98.
For the reasons detailed in those orders, IT IS HEREBY ORDERED AND I ADJUDGED that:
1. Judgment is entered in favor of Defendants Christine Baker, Director of the Department of Industrial Relations of the State of California, and Julie Su, Labor Commissioner for the State of California (collectively, "Defendants"), and against Plaintiffs 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, and Superior Ready Mix Concrete L.P. (collectively, "Plaintiffs") on the Second Claim for Relief alleged in Plaintiffs' Complaint (ECF No. 1);
2. Judgment is entered in favor of Plaintiffs and against Defendants on the First Claim for Relief alleged in Plaintiffs' Complaint (ECF No. 1);
3. California Labor Code Section 1720.9 violates the Equal Protection Clause of the Constitution of the United States under the Fourteenth Amendment and enforced through 42 U.S.C. § 1983;
4. California Labor Code Section 1720.9 is unconstitutional as applied to Plaintiffs and all those similarly situated, including other suppliers, haulers, and deliverers of ready-mixed concrete, and contractors hiring or using any supplier, hauler, or deliverer of ready-mixed concrete;
5. Defendants and their respective officers, agents, servants, employees, subordinates, and attorneys, and anyone acting in concert or participation with any of those individuals, are hereby PERMANENTLY ENJOINED from applying or enforcing California Labor Code Section 1720.9 against Plaintiffs and all those similarly situated, including other suppliers, haulers, and deliverers of ready-mixed concrete, and contractors hiring or using any supplier, hauler, or deliverer of ready-mixed concrete;
6. Defendants and their respective officers, agents, servants, employees, subordinates, and attorneys, and anyone acting in concert or participation with any of those individuals, are hereby further PERMANENTLY ENJOINED from imposing on Plaintiffs and all those similarly situated, including other suppliers, haulers, and deliverers of ready-mixed concrete, and contractors hiring or using any supplier, hauler, or deliverer of ready-mixed concrete, any fines or penalties predicated on California Labor Code Section 1720.9;
7. Defendants shall provide notice of this Permanent Injunction and Final Judgment to all individuals employed in the Department of Industrial Relations of the State of California or the Division of Labor Standards Enforcement or who otherwise have the authority or responsibility for application or enforcement of California Labor Code Section 1720.9
Source: Leagle
