Civil Rights Litigation Clearinghouse

Case: Guerrero v. Cal. Dep't of Corr. & Rehab

3:13-cv-05671 | U.S. District Court for the Northern District of California

Filed Date: Dec. 9, 2013

Closed Date: 2018

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Case Summary

On December 9, 2013, a United States citizen of Latino national origin filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff, represented by the Legal Aid Society Employment Law Center, brought this complaint under Title VII, 42 U.S.C. § 1983, and state law against the state of California. He sought monetary, injunctive, and declaratory relief, claiming employment discrimination in violation of the Due Process Clauses and Equal Protection Clauses of the United States Constitution and California State Constiuttion, national origin discrimination in violation of Title VII of the Civil Rights Act of 1964, and National Origin and Ancestry Discrimination in Violation of

California Fair Employment and Housing Act. The case was assigned to Judge William Alsup.

Specifically, the plaintiff had applied for a job as a Correctional Officer with the California Department of Corrections in 2011. He claimed that he was unlawfully removed from consideration because he reported in a background questionnaire that prior to becoming a permanent resident and then citizen of the United States, he used a social security number that was not his own to obtain work. Plaintiff paid all required taxes using an Individual Taxpayer Identification Number (ITIN) until he obtained his own social security number. He was reportedly removed from consideration because his use of a fake social security number was deemed to "show a lack of honesty, integrity and good judgment." A similar series of events occurred when plaintiff reapplied for the same position in 2013.

The state responded that questions about the use of a false social security number were necessary to conduct a thorough background investigation of candidates. The state also asserted that there was no Title VII violation because the plaintiff's claim rested on immigration status and not national origin, and because the hiring statistics indicated that there was no discriminatory effect on Latino hiring at the California Department of Corrections.

On May 7, 2014, the District Court (Judge William Alsup) dismissed plaintiff's Section 1983 equal protection and substantive due process claims, as well as the Title VII claim against the State Personnel Board, but denied motions to dismiss the Title VII claim against the California Department of Corrections and procedural due process claim. The District Court dismissed all state law claims without prejudice. 2014 WL 1867067.

On July 17, 2015, the District Court denied without prejudice the plaintiff's motion for leave to amend, and directed plaintiff to engage in further discovery prior to his final opportunity to move to amend his equal protection claims and Title VII claim against the State Personnel Board. The court granted him leave on October 29, 2014. 2014 WL 5474950. The plaintiff filed his third and final amend complaint the same day.

On March 12, 2015, the state filed another motion for summary judgment. On July 21, the court granted the plaintiff’s Title VII claims, holding that asking applicants whether they had ever used a fake social security number had a disparate impact on Latinos. The court dismissed the plaintiffs' equal protection claim. 119 F.Supp.3d 1065. The court issued a final order as to relief on September 28, 2015. This order held that the plaintiff should be allowed to finish the hiring process. If he was able to successfully pass background investigation and complete the training academy, he would be awarded $140,362 in backpay. The plaintiff was also granted attorneys’ fees. 2015 WL 5681029.

On October 6, 2015, the state appealed the judgment to the U.S. Court of Appeals for the Ninth Circuit.

On October 30, 2015, the plaintiff moved for the award of his attorneys’ fees. The parties disagreed about how much in attorneys’ fees would be appropriate, so the court decided that a third party should decide the amount. 2015 WL 7423229. On January 28, 2016, the court appointed a special master to make this determination. The special master decided that the state owed the plaintiff $1,237,024.82 in fees and costs, and the court approved this amount on June 16, 2016. 2016 WL 3360638.

Four days later, the state appealed the order granting attorneys’ fees to the U.S. Court of Appeals for the Ninth Circuit. (Its first appeal had not yet been ruled on.) On May 16, 2017, the Ninth Circuit affirmed the District Court’s judgment as to the California Department of Corrections and Rehabilitation but reversed the judgment as to the State Personnel Board because the Personnel Board was not part of the hiring process and had no say in the questions on the job application. 701 Fed.Appx. 613. The case was remanded to the District Court to reassess damages against one state defendant rather than two. 2017 WL 6270383.

On January 30, the parties filed a stipulation in the Ninth Circuit stating that they resolved the attorneys’ fees dispute informally, outside of court. In light of this stipulation, the Ninth Circuit dismissed all pending motions as moot on March 27, 2018.

There are no further entries in the docket since March 2018. The case is presumably closed.

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Summary Authors

Samantha Kirby (9/20/2014)

Rebecca Strauss (6/29/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5959616/parties/guerrero-v-california-department-of-corrections-rehabilitation/

Judge(s)

Alsup, William Haskell (California)

Ryu, Donna Miae (California)

Attorneys(s) for Plaintiff

Chien, Marsha Jade (California)

Diaz, Marisa (California)

Ho, Christopher (California)

Pearl, Richard M (California)

Villalobos, Stacy (California)

Attorneys(s) for Defendant

Aguilar, Jorge (California)

Bacskai Egel, Dorothy I. (California)

Gittisriboongul, Alvin (California)

Judge(s)

Alsup, William Haskell (California)

Ryu, Donna Miae (California)

Attorneys(s) for Plaintiff

Chien, Marsha Jade (California)

Diaz, Marisa (California)

Ho, Christopher (California)

Pearl, Richard M (California)

Villalobos, Stacy (California)

Attorneys(s) for Defendant

Aguilar, Jorge (California)

Bacskai Egel, Dorothy I. (California)

Gittisriboongul, Alvin (California)

Neri, Miguel Angel (California)

Tigno, Fiel D (California)

Young, Christopher M. (California)

Expert/Monitor/Master

Borden, Matthew Brooks (California)

Chen, Christina Pei−Lin (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER] Guerrero v. California Department of Corrections & Rehabilitation	March 28, 2018	Docket
1	Complaint Guerrero v. California Department of Corrections & Rehabilitation	Dec. 9, 2013	Complaint
52	Order Granting in Part and Denying in Part Motions to Dismiss Federal Claims and Dismissing All Claims Brought Under California State Law Guerrero v. California Department of Corrections & Rehabilitation 2014 WL 1867067	May 7, 2014	Order/Opinion
117	Third Amended Complaint for Employment Discrimination and Constitutional Violations Guerrero v. California Department of Corrections & Rehabilitation	Oct. 29, 2014	Complaint
116	Order Granting Motion for Leave to File Third Amended Complaint and Vacating Hearing Guerrero v. California Department of Corrections & Rehabilitation 2014 WL 5474950	Oct. 29, 2014	Order/Opinion
263	Findings of Fact and Conclusions of Law Guerrero v. California Department of Corrections & Rehabilitation 119 F.Supp.3d 1065	July 21, 2015	Order/Opinion
278	Judgment Guerrero v. California Department of Corrections & Rehabilitation	Sept. 28, 2015	Order/Opinion
313	Order Re Attorney's Fees and Costs Guerrero v. California Department of Corrections & Rehabilitation 2015 WL 7423229	Nov. 23, 2015	Order/Opinion
360	Order Resolving Objections, Adopting Special Master's Report and Recommendation with One Modification, and Fixing Compensation Guerrero v. California Department of Corrections & Rehabilitation 2016 WL 3360638	June 16, 2016	Order/Opinion
100	Memorandum Guerrero v. California Department of Corrections & Rehabilitation U. S. Court of Appeals for the Ninth Circuit 701 Fed.Appx. 613	July 12, 2017	Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5959616/guerrero-v-california-department-of-corrections-rehabilitation/

Last updated May 11, 2022, 8 p.m.

ECF Number	Description	Date	Link
1	COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-8215131.), PETITION for Writ of Mandamus (Filing fee $350 receipt number 0971-8215131), PETITION against All Defendants (Filing fee $400 receipt number 0971-8215131). Filed byVictor Guerrero. (Attachments: # 1 Civil Cover Sheet)(Chien, Marsha) (Filed on 12/9/2013) (Entered: 12/09/2013) 1 Civil Cover Sheet View on PACER	Dec. 9, 2013	PACER
2	Certificate of Interested Entities by Victor Guerrero (Chien, Marsha) (Filed on 12/9/2013) (Entered: 12/09/2013)	Dec. 9, 2013	PACER
3	Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (cjl, COURT STAFF) (Filed on 12/9/2013) (Entered: 12/09/2013)	Dec. 9, 2013	PACER
4	ADR SCHEDULING ORDER: Case Management Statement due by 3/5/2014. Case Management Conference set for 3/12/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. (dtmS, COURT STAFF) (Filed on 12/10/2013) (Entered: 12/10/2013)	Dec. 10, 2013	PACER
5	Proposed Summons. (Ho, Christopher) (Filed on 12/10/2013) (Entered: 12/10/2013)	Dec. 10, 2013	PACER
6	Summons Issued as to California Department of Corrections and Rehabilitation, State Personnel Board. (dtmS, COURT STAFF) (Filed on 12/10/2013) (Entered: 12/11/2013)	Dec. 10, 2013	PACER
7	CERTIFICATE OF SERVICE by Victor Guerrero on CDCR and SPB (Chien, Marsha) (Filed on 12/19/2013) (Entered: 12/19/2013)	Dec. 19, 2013	PACER
8	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Department of Corrections and Rehabilitation.. (Tigno, Fiel) (Filed on 12/27/2013) (Entered: 12/27/2013)	Dec. 27, 2013	PACER
9	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (lmh, COURT STAFF) (Filed on 12/27/2013) (Entered: 12/27/2013)	Dec. 27, 2013	PACER
10	CERTIFICATE OF SERVICE by California Department of Corrections and Rehabilitation re 8 Consent/Declination to Proceed Before a US Magistrate Judge (Tigno, Fiel) (Filed on 12/27/2013) (Entered: 12/27/2013)	Dec. 27, 2013	PACER
11	First AMENDED COMPLAINT against All Defendants. Filed byVictor Guerrero. (Attachments: # 1 Certificate/Proof of Service)(Chien, Marsha) (Filed on 1/3/2014) Modified on 1/3/2014 (dtmS, COURT STAFF). (Entered: 01/03/2014) 1 Certificate/Proof of Service View on PACER	Jan. 3, 2014	PACER
12	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. William Alsup for all further proceedings. Magistrate Judge Nathanael M. Cousins no longer assigned to the case. Signed by Executive Committee on 1/7/14. (sv, COURT STAFF) (Filed on 1/7/2014) (Entered: 01/07/2014)	Jan. 7, 2014	PACER
13	CLERKS NOTICE Scheduling Initial CMC on Reassignment. Case Management Statement due by 3/6/2014. Case Management Conference set for 3/13/2014 11:00 AM in Courtroom 8, 19th Floor, San Francisco. (dt, COURT STAFF) (Filed on 1/29/2014) (Entered: 01/29/2014)	Jan. 29, 2014	PACER
14	SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 13 Clerks Notice. Signed by Judge William Alsup on 10/16/12. (dt, COURT STAFF) (Filed on 1/29/2014) (Entered: 01/29/2014)	Jan. 29, 2014	RECAP
15	MOTION to Dismiss Complaint (FRCP 12(b)(6) filed by California Department of Corrections and Rehabilitation. Motion Hearing set for 3/27/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 2/18/2014. Replies due by 2/25/2014. (Neri, Miguel) (Filed on 2/3/2014) (Entered: 02/03/2014)	Feb. 3, 2014	PACER
16	Proposed Order Granting Motion to Dismiss by California Department of Corrections and Rehabilitation. (Neri, Miguel) (Filed on 2/3/2014) (Entered: 02/03/2014)	Feb. 3, 2014	PACER
17	MOTION to Dismiss Complaint (FRCP 12(b)(6) CORRECTION OF DOCKET # 15 filed by California Department of Corrections and Rehabilitation. Motion Hearing set for 3/27/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 2/18/2014. Replies due by 2/25/2014. (Neri, Miguel) (Filed on 2/3/2014) (Entered: 02/03/2014)	Feb. 3, 2014	PACER
18	STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule filed by Victor Guerrero. (Chien, Marsha) (Filed on 2/5/2014) Modified on 2/5/2014 (dtmS, COURT STAFF). (Entered: 02/05/2014)	Feb. 5, 2014	PACER
19	Order by Hon. William Alsup granting 18 Stipulation.(whalc3, COURT STAFF) (Filed on 2/6/2014) (Entered: 02/06/2014)	Feb. 6, 2014	PACER
20	MOTION to Dismiss Complaint and Memorandum of P&A's filed by State Personnel Board. Motion Hearing set for 3/27/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 2/28/2014. Replies due by 3/7/2014. (Attachments: # 1 Proposed Order)(Egel, Dorothy) (Filed on 2/14/2014) (Entered: 02/14/2014) 1 Proposed Order View on PACER	Feb. 14, 2014	PACER
21	CLERKS NOTICE Rescheduling Hearing, Set/Reset Deadlines as to 17 MOTION to Dismiss Complaint (FRCP 12(b)(6) CORRECTION OF DOCKET # 15, 20 MOTION to Dismiss Complaint and Memorandum of P&A's. Motion Hearing set for 3/24/2014 02:00 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. (dt, COURT STAFF) (Filed on 2/25/2014) (Entered: 02/25/2014)	Feb. 25, 2014	PACER
22	CLERKS NOTICE Rescheduling Hearing. Case Management Statement due by 3/17/2014. Case Management Conference set for 3/24/2014 02:00 PM in Courtroom 8, 19th Floor, San Francisco. (dt, COURT STAFF) (Filed on 2/25/2014) (Entered: 02/25/2014)	Feb. 25, 2014	PACER
23	STIPULATION WITH PROPOSED ORDER Granting Plaintiff Leave to File a Second Amended Complaint filed by Victor Guerrero. (Attachments: # 1 Declaration Marsha Chien in Support of Stipulation Granting Leave to File Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B)(Chien, Marsha) (Filed on 2/25/2014) (Entered: 02/25/2014) 1 Declaration Marsha Chien in Support of Stipulation Granting Leave to File Second View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER	Feb. 25, 2014	PACER
24	ORDER GRANTING STIPULATION TO FILE SECOND AMENDED COMPLAINT, WITHDRAWING DEFENDANTS' PENDING MOTIONS TO DISMISS, AND VACATING MARCH 24 HEARING by Hon. William Alsup granting 23 Stipulation. PLEASE SEPARATELY FILE SECOND AMENDED COMPLAINT. (whalc3, COURT STAFF) (Filed on 2/26/2014) (Entered: 02/26/2014)	Feb. 26, 2014	PACER
25	AMENDED COMPLAINT (SECOND) for Employment Discrimination; Petition for Writs of Mandate against All Defendants. Filed byVictor Guerrero. (Chien, Marsha) (Filed on 2/26/2014) (Entered: 02/26/2014)	Feb. 26, 2014	PACER
26	CLERKS NOTICE Rescheduling Hearing. Case Management Statement due by 3/13/2014. Case Management Conference set for 3/20/2014 11:00 AM in Courtroom 8, 19th Floor, San Francisco. (dt, COURT STAFF) (Filed on 2/26/2014) (Entered: 02/26/2014)	Feb. 26, 2014	PACER
27	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Chien, Marsha) (Filed on 2/27/2014) (Entered: 02/27/2014)	Feb. 27, 2014	PACER
28	ADR Clerks Notice Setting ADR Phone Conference on Tuesday, March 18, 2014 at 11:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 2/28/2014) (Entered: 02/28/2014)	Feb. 28, 2014	PACER
29	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Chien, Marsha) (Filed on 3/5/2014) (Entered: 03/05/2014)	March 5, 2014	PACER
30	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Neri, Miguel) (Filed on 3/6/2014) (Entered: 03/06/2014)	March 6, 2014	PACER
31	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Egel, Dorothy) (Filed on 3/7/2014) (Entered: 03/07/2014)	March 7, 2014	PACER
32	STIPULATION WITH PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE filed by California Department of Corrections and Rehabilitation. (Tigno, Fiel) (Filed on 3/7/2014) (Entered: 03/07/2014)	March 7, 2014	PACER
33	JOINT CASE MANAGEMENT STATEMENT filed by California Department of Corrections and Rehabilitation. (Tigno, Fiel) (Filed on 3/13/2014) (Entered: 03/13/2014)	March 13, 2014	PACER
34	ORDER DENYING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE by Judge William Alsup [denying 32 Stipulation]. (whasec, COURT STAFF) (Filed on 3/17/2014) (Entered: 03/17/2014)	March 17, 2014	PACER
	ADR Remark: ADR Phone Conference held on 3/18/2014 with Daniel Bowling, ADR Program Staff Attorney. Further ADR Phone Conference scheduled for 6/11/2014 at 11:00 AM. Call-in information remains the same. (cmf, COURT STAFF) (Filed on 3/18/2014)	March 18, 2014	PACER
35	MOTION to Dismiss Second Amended Complaint (FRCP 12(b)(6)) filed by Jeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. Motion Hearing set for 5/1/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 4/2/2014. Replies due by 4/9/2014. (Neri, Miguel) (Filed on 3/19/2014) (Entered: 03/19/2014)	March 19, 2014	PACER
36	Request for Judicial Notice re 35 MOTION to Dismiss Second Amended Complaint (FRCP 12(b)(6)) filed byJeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. (Related document(s) 35 ) (Neri, Miguel) (Filed on 3/19/2014) (Entered: 03/19/2014)	March 19, 2014	PACER
37	Proposed Order re 35 MOTION to Dismiss Second Amended Complaint (FRCP 12(b)(6)) by Jeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. (Neri, Miguel) (Filed on 3/19/2014) (Entered: 03/19/2014)	March 19, 2014	PACER
38	MOTION to Dismiss Second Amended Complaint and Memorandum of P&As in Support Thereof filed by State Personnel Board. Motion Hearing set for 5/1/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 4/2/2014. Replies due by 4/9/2014. (Attachments: # 1 Proposed Order)(Egel, Dorothy) (Filed on 3/19/2014) (Entered: 03/19/2014) 1 Proposed Order View on PACER	March 19, 2014	PACER
39	Minute Entry: Initial Case Management Conference held on 3/20/2014 before Judge William Alsup (Date Filed: 3/20/2014). Jury Selection set for 5/11/2015 07:30 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. (Court Reporter Lydia Zinn.) (dt, COURT STAFF) (Date Filed: 3/20/2014) (Entered: 03/20/2014)	March 20, 2014	PACER
40	CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Magistrate Judge Donna M. Ryu for Mediation/Settlement. Discovery due by 1/30/2015. Jury Trial set for 5/11/2015 07:30 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Motions due by 3/12/2015. Pretrial Conference set for 4/29/2015 02:00 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Signed by Judge William Alsup on 3/20/2014. (whasec, COURT STAFF) (Filed on 3/20/2014) (Entered: 03/20/2014)	March 20, 2014	PACER
	CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement (ahm, COURT STAFF) (Filed on 3/21/2014)	March 21, 2014	PACER
41	ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 7/29/2014 11:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 4/1/14. (ig, COURT STAFF) (Filed on 4/1/2014) (Entered: 04/01/2014)	April 1, 2014	PACER
42	RESPONSE (re 35 MOTION to Dismiss Second Amended Complaint (FRCP 12(b)(6)) ) filed byVictor Guerrero. (Chien, Marsha) (Filed on 4/3/2014) (Entered: 04/03/2014)	April 3, 2014	PACER
43	RESPONSE (re 38 MOTION to Dismiss Second Amended Complaint and Memorandum of P&As in Support Thereof ) filed byVictor Guerrero. (Chien, Marsha) (Filed on 4/3/2014) (Entered: 04/03/2014)	April 3, 2014	PACER
44	Request for Judicial Notice filed byVictor Guerrero. (Attachments: # 1 Exhibit Exhibit A)(Chien, Marsha) (Filed on 4/3/2014) (Entered: 04/03/2014) 1 Exhibit Exhibit A View on PACER	April 3, 2014	PACER
45	REPLY (re 35 MOTION to Dismiss Second Amended Complaint (FRCP 12(b)(6)) ) filed byJeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. (Neri, Miguel) (Filed on 4/10/2014) (Entered: 04/10/2014)	April 10, 2014	PACER
46	REPLY (re 38 MOTION to Dismiss Second Amended Complaint and Memorandum of P&As in Support Thereof ) filed byState Personnel Board. (Egel, Dorothy) (Filed on 4/10/2014) (Entered: 04/10/2014)	April 10, 2014	PACER
47	REQUEST RE UPCOMING HEARING. Signed by Judge Alsup on 4/29/2014. (whalc3, COURT STAFF) (Filed on 4/29/2014) (Entered: 04/29/2014)	April 29, 2014	RECAP
48	Minute Entry: Motion Hearing held on 5/1/2014 before Judge William Alsup (Date Filed: 5/1/2014) re 35 MOTION to Dismiss Second Amended Complaint (FRCP 12(b)(6)) filed by V Myers, D Sharp, S Cox, Jeffrey Beard, California Department of Corrections and Rehabilitation, V Mayol, C Hester, K Carroll. (Court Reporter James Pence.) (dt, COURT STAFF) (Date Filed: 5/1/2014) (Entered: 05/01/2014)	May 1, 2014	PACER
49	REQUEST FOR SUPPLEMENTAL BRIEFING. Signed by Judge Alsup on 5/2/2014. (whalc3, COURT STAFF) (Filed on 5/2/2014) (Entered: 05/02/2014)	May 2, 2014	RECAP
50	Supplemental Brief re 49 Order filed byState Personnel Board. (Related document(s) 49 ) (Egel, Dorothy) (Filed on 5/5/2014) (Entered: 05/05/2014)	May 5, 2014	PACER
51	RESPONSE to re 49 Order by Victor Guerrero. (Chien, Marsha) (Filed on 5/5/2014) (Entered: 05/05/2014)	May 5, 2014	PACER
52	ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS FEDERAL CLAIMS AND DISMISSING ALL CLAIMS BROUGHT UNDER CALIFORNIA STATE LAW. Signed by Judge Alsup on 5/7/2014. (whalc3, COURT STAFF) (Filed on 5/7/2014) (Entered: 05/07/2014)	May 7, 2014	RECAP
53	MOTION to Continue Hearing re 52 Order filed by State Personnel Board. (Egel, Dorothy) (Filed on 5/13/2014) Modified on 5/13/2014 (dtmS, COURT STAFF). (Entered: 05/13/2014)	May 13, 2014	PACER
54	ORDER GRANTING MOTION TO CONTINUE HEARING. Summary Judgment Motion Hearing set for 10/2/2014 08:00 AM before Hon. William Alsup. Signed by Judge Alsup on 5/14/2014. (whalc3, COURT STAFF) (Filed on 5/14/2014) (Entered: 05/14/2014)	May 14, 2014	RECAP
	Motions terminated: 53 MOTION to Continue filed by State Personnel Board.. Signed by Judge Alsup on 5/14/2014. (whalc3, COURT STAFF) (Filed on 5/14/2014)	May 14, 2014	PACER
55	NOTICE by Jeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp Notice of Appearance By Counsel (Young, Christopher) (Filed on 5/20/2014) (Entered: 05/20/2014)	May 20, 2014	PACER
56	STIPULATION WITH PROPOSED Protective ORDER filed by Jeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. (Tigno, Fiel) (Filed on 5/21/2014) Modified on 5/21/2014 (dtmS, COURT STAFF). (Entered: 05/21/2014)	May 21, 2014	PACER
57	ORDER RE STIPULATED PROTECTIVE ORDER by Hon. William Alsup granting 56 Stipulation.(whalc3, COURT STAFF) (Filed on 5/22/2014) (Entered: 05/22/2014)	May 22, 2014	PACER
58	MOTION for Leave to File Third Amended Complaint filed by Victor Guerrero. Motion Hearing set for 7/10/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 6/12/2014. Replies due by 6/19/2014. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit)(Chien, Marsha) (Filed on 5/29/2014) (Entered: 05/29/2014) 1 Declaration View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	May 29, 2014	PACER
59	RESPONSE (re 58 MOTION to Amend/Correct ) filed by Jeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. (Young, Christopher) (Filed on 6/11/2014) Modified on 6/11/2014 (dtmS, COURT STAFF). (Entered: 06/11/2014)	June 11, 2014	PACER
	ADR Remark: Further ADR Phone Conference scheduled for 6/11/2014 at 11:00 AM is off calendar. (cmf, COURT STAFF) (Filed on 6/11/2014)	June 11, 2014	PACER
60	RESPONSE (re 58 MOTION to Amend/Correct ) filed byState Personnel Board. (Egel, Dorothy) (Filed on 6/11/2014) Modified on 6/11/2014 (dtmS, COURT STAFF). (Entered: 06/11/2014)	June 11, 2014	PACER
61	REPLY (re 58 MOTION to Amend/Correct ) Leave to File Third Amended Complaint filed byVictor Guerrero. (Attachments: # 1 Declaration Marsha Chien in Support of Reply, # 2 Exhibit Exhibit A- Declaration of Marsha Chien in Support of Reply, # 3 Exhibit Exhibit B- Declaration of Marsha Chien in Support of Reply, # 4 Exhibit Exhibit C- Declaration of Marsha Chien in Support of Reply, # 5 Exhibit Exhibit D- Declaration of Marsha Chien in Support of Reply)(Chien, Marsha) (Filed on 6/19/2014) (Entered: 06/19/2014) 1 Declaration Marsha Chien in Support of Reply View on PACER 2 Exhibit Exhibit A- Declaration of Marsha Chien in Support of Reply View on PACER 3 Exhibit Exhibit B- Declaration of Marsha Chien in Support of Reply View on PACER 4 Exhibit Exhibit C- Declaration of Marsha Chien in Support of Reply View on PACER 5 Exhibit Exhibit D- Declaration of Marsha Chien in Support of Reply View on PACER	June 19, 2014	PACER
62	ANSWER to Amended Complaint And Petition For Writs Of Mandate; Jury Demand byJeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. (Young, Christopher) (Filed on 6/24/2014) Modified on 6/24/2014 (dtmS, COURT STAFF). (Entered: 06/24/2014)	June 24, 2014	PACER
63	CLERKS NOTICE Rescheduling Hearing, Set/Reset Deadlines as to 58 MOTION to Amend/Correct . Motion Hearing set for 7/8/2014 10:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. (dt, COURT STAFF) (Filed on 6/27/2014) (Entered: 06/27/2014)	June 27, 2014	PACER
64	Defendants ANSWER to Amended Complaint and Petition for Writs of Mandate byState Personnel Board, Suzanne Ambrose and Barbara Leashore. (Egel, Dorothy) (Filed on 6/27/2014) Modified on 6/27/2014 (dtmS, COURT STAFF). (Entered: 06/27/2014)	June 27, 2014	PACER
65	ORDER RE SUPPLEMENTAL BRIEFING. Signed by Judge Alsup on 7/8/2014. (whalc3, COURT STAFF) (Filed on 7/8/2014) (Entered: 07/08/2014)	July 8, 2014	RECAP
66	MOTION for Summary Judgment or Alternatively Partial Summary Judgment filed by Jeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. Motion Hearing set for 10/2/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 9/2/2014. Replies due by 9/9/2014. (Neri, Miguel) (Filed on 7/8/2014) Modified on 7/8/2014 (dtmS, COURT STAFF). (Entered: 07/08/2014)	July 8, 2014	PACER
67	Declaration of ROBERT O'BRIEN in Support of 66 MOTION for Summary Judgment OR, ALTERNATIVELY, PARTIAL SUMMARY JUDGMENT filed byJeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 66 ) (Neri, Miguel) (Filed on 7/8/2014) (Entered: 07/08/2014) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER	July 8, 2014	PACER
68	Declaration of NIDA SPALDING in Support of 66 MOTION for Summary Judgment OR, ALTERNATIVELY, PARTIAL SUMMARY JUDGMENT filed byJeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 66 ) (Neri, Miguel) (Filed on 7/8/2014) (Entered: 07/08/2014) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	July 8, 2014	PACER
69	Proposed Order re 66 MOTION for Summary Judgment OR, ALTERNATIVELY, PARTIAL SUMMARY JUDGMENT by Jeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. (Neri, Miguel) (Filed on 7/8/2014) (Entered: 07/08/2014)	July 8, 2014	PACER
70	MOTION for Summary Judgment ; Points and Authorities in Support of Motion filed by Suzanne Ambrose, Barbara Leashore, State Personnel Board. Motion Hearing set for 10/2/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 7/22/2014. Replies due by 7/29/2014. (Attachments: # 1 Declaration of LaGrandeur in Support of SPB Defs' MSJ, # 2 Declaration of Leashore in Support of SPB Defs' MSJ, # 3 Exhibit C of Leashore's Declaraton, # 4 Exhibit E of Leashore's Declaration)(Egel, Dorothy) (Filed on 7/8/2014) (Entered: 07/08/2014) 1 Declaration of LaGrandeur in Support of SPB Defs' MSJ View on PACER 2 Declaration of Leashore in Support of SPB Defs' MSJ View on PACER 3 Exhibit C of Leashore's Declaraton View on PACER 4 Exhibit E of Leashore's Declaration View on PACER	July 8, 2014	PACER
75	Minute Entry: Motion Hearing held on 7/8/2014 before Judge William Alsup (Date Filed: 7/8/2014) re 58 MOTION to Amend/Correct filed by Victor Guerrero. (Court Reporter Rhonda Aquilina.) (dt, COURT STAFF) (Date Filed: 7/8/2014) (Entered: 07/10/2014)	July 8, 2014	PACER
71	Response to Order to Show Cause 65 Order byVictor Guerrero. (Chien, Marsha) (Filed on 7/10/2014) (Entered: 07/10/2014)	July 10, 2014	PACER
72	Declaration of Marsha Chien in Support of 71 Response to Order to Show Cause filed byVictor Guerrero. (Attachments: # 1 Exhibit Exhibit A-F)(Related document(s) 71 ) (Chien, Marsha) (Filed on 7/10/2014) (Entered: 07/10/2014) 1 Exhibit Exhibit A-F View on PACER	July 10, 2014	PACER
73	Administrative Motion to File Under Seal ISO Plaintiffs response filed by Victor Guerrero. (Attachments: # 1 Proposed Order, # 2 Exhibit REDACTED Exhibit A-F, # 3 Exhibit Unredacted Exhibit- A (B-E))(Chien, Marsha) (Filed on 7/10/2014) (Entered: 07/10/2014) 1 Proposed Order View on PACER 2 Exhibit REDACTED Exhibit A-F View on PACER	July 10, 2014	PACER
74	Proposed Order re 58 MOTION to Amend/Correct Granting Plaintiff Leave to File Third Amended Complaint by Victor Guerrero. (Chien, Marsha) (Filed on 7/10/2014) (Entered: 07/10/2014)	July 10, 2014	PACER
76	Amended MOTION for Summary Judgment ; Points and Authorities in Support of Motion filed by Suzanne Ambrose, Barbara Leashore, State Personnel Board. Motion Hearing set for 10/2/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 7/24/2014. Replies due by 7/31/2014. (Egel, Dorothy) (Filed on 7/10/2014) Modified on 7/10/2014 (dtmS, COURT STAFF). (Entered: 07/10/2014)	July 10, 2014	PACER
	Electronic filing error. Incorrect event used.Corrected by Clerk's Office. No further action is necessary. Re: 76 MOTION to Amend/Correct 70 MOTION for Summary Judgment ; Points and Authorities in Support of Motion filed by Suzanne Ambrose, Barbara Leashore, State Personnel Board (dtmS, COURT STAFF) (Filed on 7/10/2014)	July 10, 2014	PACER
	Set/Reset Deadlines as to 76 MOTION for Summary Judgment. Responses due by 9/2/2014. Replies due by 9/9/2014. (dtmS, COURT STAFF) (Filed on 7/11/2014)	July 11, 2014	PACER
77	REPLY (re 58 MOTION to Amend/Correct ) to Plaintiff's Response filed bySuzanne Ambrose, Jeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, Barbara Leashore, V Mayol, V Myers, D Sharp, State Personnel Board. (Young, Christopher) (Filed on 7/11/2014) (Entered: 07/11/2014)	July 11, 2014	PACER
78	CLERKS NOTICE: This matter is scheduled for a settlement conference on 7/29/2014 11:00 AM before Magistrate Judge Donna M. Ryu. Per this court's Notice of settlement conference and Order, see Docket 41, the parties are required to lodge their settlement conference documents by 7/21/2014. Counsel is hereby ordered to email copies of their settlement conference documents to dmrpo@cand.uscourts.gov in addition to lodging them with the court by that date. The subject heading of the email shall clearly identify the case name, case number, and party emailing the documents. (This is a text only docket entry, there is no document associated with this notice.) (igS, COURT STAFF) (Filed on 7/11/2014). (Entered: 07/11/2014)	July 11, 2014	PACER
79	ORDER DENYING PLAINTIFF'S MOTION TO AMEND WITHOUT PREJUDICE. RENEWED MOTION TO AMEND DUE BY 9/2/2014. Motion Hearing set for 10/2/2014 at 08:00 AM before Hon. William Alsup. Signed by Judge Alsup on 7/17/2014. (whalc3, COURT STAFF) (Filed on 7/17/2014) (Entered: 07/17/2014)	July 17, 2014	RECAP
80	Order by Hon. William Alsup granting 73 Administrative Motion to File Under Seal.(whalc3, COURT STAFF) (Filed on 7/22/2014) (Entered: 07/22/2014)	July 22, 2014	PACER
81	Minute Entry: Settlement Conference HELD before Magistrate Judge Donna M. Ryu. CDCR counsel to contact Judge Ryu with response to current proposal by noon on 8/18/2014. (FTR Recording: Not Recorded) (ig, COURT STAFF) (Date Filed: 7/29/2014) (Entered: 07/30/2014)	July 29, 2014	PACER
82	STIPULATION WITH PROPOSED ORDER Re: Third-Party Privacy filed by Jeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. (Tigno, Fiel) (Filed on 8/11/2014) (Entered: 08/11/2014)	Aug. 11, 2014	PACER
83	Stipulated Protective Order by Hon. William Alsup granting 82 Stipulation.(whalc3, COURT STAFF) (Filed on 8/12/2014) Modified on 8/12/2014 (dtmS, COURT STAFF). (Entered: 08/12/2014)	Aug. 12, 2014	PACER
84	STIPULATION WITH PROPOSED ORDER to Extend Plaintiffs Deadline to File Motion to Amend filed by Victor Guerrero. (Attachments: # 1 Declaration Declaration of Marsha Chien in Support of Stipulation to Extend Plaintiffs Deadline to File Motion to Amend, # 2 Exhibit Exhibits A B of Declaration of Marsha Chien in Support of Stipulation to Extend Plaintiffs Deadline to File Motion to Amend)(Chien, Marsha) (Filed on 8/15/2014) (Entered: 08/15/2014) 1 Declaration Declaration of Marsha Chien in Support of Stipulation to Extend Plai View on PACER 2 Exhibit Exhibits A B of Declaration of Marsha Chien in Support of Stipulation t View on PACER	Aug. 15, 2014	PACER
85	ORDER RE STIPULATION TO EXTEND DEADLINE TO FILE MOTION TO AMEND by Hon. William Alsup re 84 Stipulation. Motion due September 30, 2014. (whalc1, COURT STAFF) (Filed on 8/18/2014) (Entered: 08/18/2014)	Aug. 18, 2014	PACER
86	Administrative Motion to File Under Seal filed by Jeffrey Beard, California Department of Corrections and Rehabilitation, K Carroll, S Cox, C Hester, V Mayol, V Myers, D Sharp. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Redacted Version of List, # 4 Unredacted Version of List)(Young, Christopher) (Filed on 8/29/2014) Modified on 8/29/2014 (dtmS, COURT STAFF). (Entered: 08/29/2014) 1 Declaration View on PACER 2 Proposed Order View on PACER 3 Redacted Version of List View on PACER	Aug. 29, 2014	PACER
87	ORDER GRANTING DEFENDANT CDCR'S ADMINISTRATIVE MOTION TO FILE DOCUMENT UNDER SEAL by Hon. William Alsup re 86 Administrative Motion to File Under Seal.(whalc1, COURT STAFF) (Filed on 9/2/2014) (Entered: 09/02/2014)	Sept. 2, 2014	PACER
88	RESPONSE (re 66 MOTION for Summary Judgment filed byVictor Guerrero. (Attachments: # 1 Declaration Christopher Ho ISO Opposition to CDCR's MSJ, # 2 Exhibits A - Y - Christopher Ho Dec ISO Opp to CDCR MSJ)(Ho, Christopher) (Filed on 9/2/2014) Modified on 9/3/2014 (dtmS, COURT STAFF). (Entered: 09/02/2014) 1 Declaration Christopher Ho ISO Opposition to CDCR's MSJ View on PACER 2 Exhibits A - Y - Christopher Ho Dec ISO Opp to CDCR MSJ View on PACER	Sept. 2, 2014	PACER
89	RESPONSE (re 76 MOTION for Summary Judgment ) filed byVictor Guerrero. (Attachments: # 1 Declaration Christopher Ho Dec ISO Opposition to SPB MSJ, # 2 Exhibit Exhibits A - EE - Christopher Ho Dec ISO Opposition to SPB MSJ)(Ho, Christopher) (Filed on 9/2/2014) Modified on 9/3/2014 (dtmS, COURT STAFF). (Entered: 09/02/2014) 1 Declaration Christopher Ho Dec ISO Opposition to SPB MSJ View on PACER 2 Exhibit Exhibits A - EE - Christopher Ho Dec ISO Opposition to SPB MSJ View on PACER	Sept. 2, 2014	PACER
90	MOTION to Strike Statements of Robert OBrien 67 filed by Victor Guerrero. Motion Hearing set for 10/8/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 9/16/2014. Replies due by 9/23/2014. (Attachments: # 1 Declaration Christopher Ho Dec ISO Motion to Strike Statements of R. OBrien ISO CDCR - MSJ, # 2 Exhibit Exhibits A - E- Christopher Ho Dec ISO Motion to Strike Statements of R. OBrien ISO CDCR - MSJ, # 3 Proposed Order Granting Motion to Strike Statements of R. OBrien ISO CDCR - MSJ)(Ho, Christopher) (Filed on 9/2/2014) Modified on 9/3/2014 (dtmS, COURT STAFF). Modified on 9/4/2014 (dtmS, COURT STAFF). (Entered: 09/02/2014) 1 Declaration Christopher Ho Dec ISO Motion to Strike Statements of R. OBrien ISO View on PACER 2 Exhibit Exhibits A - E- Christopher Ho Dec ISO Motion to Strike Statements of R. View on PACER 3 Proposed Order Granting Motion to Strike Statements of R. OBrien ISO CDCR - MSJ View on PACER	Sept. 2, 2014	PACER
91	DECLARATION of Marc Bendick, Jr., Ph.D in Support re 88 Opposition filed byVictor Guerrero. (Ho, Christopher) (Filed on 9/2/2014) Modified on 9/3/2014 (dtmS, COURT STAFF). (Entered: 09/02/2014)	Sept. 2, 2014	PACER
92	DECLARATION of Megan C. Kurlychek in Support re 88 Opposition filed by Victor Guerrero. (Ho, Christopher) (Filed on 9/2/2014) Modified on 9/3/2014 (dtmS, COURT STAFF). (Entered: 09/02/2014)	Sept. 2, 2014	PACER
93	DECLARATION of John P. Hausknecht in Support re 88 Opposition filed by Victor Guerrero. (Ho, Christopher) (Filed on 9/2/2014) Modified on 9/3/2014 (dtmS, COURT STAFF). (Entered: 09/02/2014)	Sept. 2, 2014	PACER
	Set/Reset Deadlines as to 90 MOTION to Strike Statements of Robert OBrien ISO CDCR - Motion for Summary Judgment. Motion Hearing set for 10/2/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. (dt, COURT STAFF) (Filed on 9/2/2014)	Sept. 2, 2014	PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 9, 2013

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Latino-American man, who became a U.S. citizen in 2010, who was deemed ineligible for a Correctional Officer position for having previously used an SSN that was not his own.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California (Marin), State

Defendant Type(s):

Corrections