Associated General Contractors of America, San Diego Chapter Inc. v. California Dept. of Transportation, Will Kempton, Olivia Fonseca
Published: May 14, 2011 | Result Date: Apr. 20, 2011 | Filing Date: Jan. 1, 1900 |Case number: 2:2009-cv-01622 Summary Judgment – Defense
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
G. Scott Emblidge
(Moscone Emblidge & Otis LLP)
Gabrielle D. Hann
(The Norton Law Firm PC)
Sujal J. Shah
(Morgan, Lewis & Bockius LLP)
Facts
The California Dept. of Transportation (Caltrans) had an equal opportunity program, which was called the Disadvantaged Business Enterprise program, in relation to competition for federally-funded contracts, which benefited minority and women-owned businesses. The program's mission was to make sure that such businesses have equal footing when competing for federal stimulus funds and other government contracts. The San Diego Chapter of Associated General Contractors sued Caltrans in 2009 in an effort to nullify the program. Caltrans and defendant/intervener groups filed for summary judgment.
Contentions
DEFENDANT'S CONTENTIONS:
Defendants contended that the program should be upheld to combat discrimination and is important in ensuring that minority and women-owned business are not unduly shut out of contracts.
Result
The court granted defendants' and intervenors' motions for summary judgment.
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