California Trucking Association et al v. Becerra et al
| California Southern District Court | |
| Judge: | Roger T Benitez |
| Referred: | Daniel E Butcher |
| Case #: | 3:18-cv-02458 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 28:2201dj Declaratory Judgment |
| Case Filed: | Oct 25, 2018 |
| Re-opened: | Nov 12, 2019 |
| Terminated: | Mar 15, 2024 |
| Case in other court: | USCA, 20-55106 USCA, 20-55107 |
| Last checked: Tuesday Apr 23, 2019 1:49 AM PDT |
|
Defendant
Xavier Becerra
|
Represented By
|
|
Defendant
Andre Schoorl
|
Represented By
|
|
Defendant
Julie A. Su
|
Represented By
|
|
Intervenor Defendant
International Brotherhood of Teamsters
|
Represented By
|
|
Plaintiff
California Trucking Association
|
Represented By
|
|
Plaintiff
Thomas Odom
|
Represented By
|
|
Plaintiff
Ravinder Singh
|
Represented By
|
GPO
Jan 14 2019
ORDER: (1) GRANTING MOTION TO INTERVENE, DOC 11; (2) DENYING AS MOOT MOTION FOR LEAVE TO FILE, DOC 18; and (3) DENYING AS MOOT EX PARTE MOTION TO SHORTEN TIME, DOC 19. Signed by Judge Roger T. Benitez on 1/14/2019. (sjm) |
|
|
GPO
Aug 05 2019
ORDER STAYING CASE. Case stayed until pending appeal. The parties shall notify the Court within 7 days of a decision by the Ninth Circuit Court of Appeals. Signed by Judge Roger T. Benitez on 8/5/2019.(jrm)(jao). |
|
|
GPO
Sep 24 2019
ORDER Granting 28 Defendants' and 29 Intervenor-Defendants' Motions to Dismiss. Defendants' motions to dismiss are granted, and this action is dismissed without prejudice. Plaintiffs may file an amended complaint within 60 days of the date of this Order. Signed by Judge Roger T. Benitez on 9/24/2019. (rmc) (sjt). |
|
|
GPO
Dec 31 2020
ORDER Granting 66 Motion for Temporary Restraining Order; and Denying 72 Motion for Leave to File Amicus Brief. Signed by Judge Roger T. Benitez on 12/31/19. (dlg) |
|
|
GPO
Jan 16 2020
ORDER Granting 54 Preliminary Injunction. It is further ORDERED: 1. Defendant Xavier Becerra, in his official capacity as the Attorney General of the State of California, Julia A. Su, in her official capacity as the Secretary of the California Labor and Workforce Development Agency, Andre Schoorl, in his official capacity as the Acting Director of the Department of Industrial Relations of the State of California, Lilia Garcia Brower, in her official capacity as the Labor Commissioner of the State of California, and Patrick Henning, in his official capacity as Director of the California Employment Development Department are temporarily enjoined from enforcing Assembly Bill 5s ABC test, as set out in Cal. Labor Code § 2750.3(a)(1), as to any motor carrier operating in California, pending the entry of final judgment in this action. 2. Because there is no realistic likelihood of harm to Defendants from granting a preliminary injunction as to the enforcement of AB-5s ABC test, a security bond is not required. Signed by Judge Roger T. Benitez on 1/16/2020. (mme) |
|
|
GPO
Feb 10 2020
ORDER Denying 103 Ex Parte Motion for Stay. Signed by Judge Roger T. Benitez on 2/10/2020. (mme) |
|
|
GPO
Feb 10 2020
ORDER on 62, 63 Motions to Dismiss. Defendants and Intervenor-Defendant's motions to dismiss are GRANTED IN PART AND DENIED IN PART. The motions are DENIED as to the 12(b)(l) challenges to Plaintiffs' standing, DENIED as to the 12(b)(6) challenge to Count 1,and GRANTED as to the 12(b)(6) challenges to Counts 2 and 3. Accordingly, Plaintiffs' dormant Commerce Clause and FMCSA claims are DISMISSED with prejudice. Signed by Judge Roger T. Benitez on 2/10/2020. (mme) |
|
|
GPO
Mar 17 2020
ORDER Granting 116 Stipulated Request to Stay. Case stayed and all current deadlines VACATED, until either: (1) the Ninth Circuit grants Intervenor-Defendant International Brotherhood of Teamsters motion to stay the preliminary injunction order, if the Ninth Circuit grants that motion; (2) the Ninth Circuit issues its mandate following resolution of the appeals from the preliminary injunction order; or (3) the appeals of the preliminary injunction order are withdrawn or otherwise dismissed. The stay shall be automatically lifted if any such event occurs, and the Parties shall be required to file their confidential Early Neutral Evaluation statements and joint Rule 26(f) report within fourteen days of that event. However, until such time occurs, the preliminary injunction entered on January 16, 2020 (Doc. No. 89) remains in full force and effect. Signed by Judge Roger T. Benitez on 3/17/2020. (mme) |
| 1. | Federal Judge Shields Independent Truckers From California Law (theepochtimes.com) |
| Submitted Wed 01/08/2020 | |
| Docket last updated: 4 hours ago |
| Wednesday, August 28, 2024 | ||
| 213 | 213
appeal
USCA Order
Wed 08/28 2:07 PM
DISPOSITIVE ORDER of USCA as to209 Notice of Appeal to 9th Circuit, filed by Thomas Odom, California Trucking Association, Ravinder Singh. Appellants did not file the opening brief by the due date. This case is therefore dismissed for failure to prosecute. See 9th Cir. R. 42-1. (mjw)(jrd) |
|