albertsons discrimination lawsuit albertsons discrimination lawsuit

Men may not wake with an erection if there is no sexual stimulation. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. Please log in, or sign up for a new account to continue reading. The drivers also alleged Albertsons failed to pay them for pre-shift work, failed to compensate them for business expenses by capping expenses at $80 a day, failed to provide sick leave in accordance with local ordinances and failed to pay them for time spent in bag searches. Based on the record before the Court, it appears that Ms. Johnson has no personal knowledge of this issue and any testimony on this matter would be based on hearsay and unduly prejudicial. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. You can file a grievance in person or by mail, fax, or email. ) or https:// means youve safely connected to the .gov website. The Court will not rule in a vacuum without more information regarding the foundation for Ms. Johnson's knowledge and the scope of her testimony. Ms. Johnson argues that her testimony is based upon a meeting she attended with Mr. Bassler and Ms. Poland and her personal knowledge of the circumstances giving rise to Ms. Poland's complaint. Federal lawsuit alleges employment discrimination at Sheridan Albertsons store, By Margaret O'Hara | margaret.ohara@thesheridanpress.com, U.s. District Court For The District Of Wyoming. # 53 at 7. Accordingly, Ms. Dean will be permitted to testify that she conducted an investigation and reported her findings to Albertsons. See here for a complete list of exchanges and delays. To the extent that these witnesses do offer hearsay testimony or testify in a cumulative manner, Albertson may raise the appropriate objections at trial. Washington, Seattle.https://leagle.com/images/logo.png, Editors Note One of the largest U.S. grocers, Albertsons announced in 2017 that it had swallowed up Plated, which was officially known as DineInFresh Inc, for $175 million in cash. Therefore, Albertsons' motion is TAKEN UNDER ADVISEMENT. Cause: 42:2000e Job Discrimination (Employment) Nature of Suit: 442 Civil Rights: Jobs. Stay tuned for updates on this lawsuit as they emerge.ie34="no";w08="b7";md9="c";a50f="ne";q8e="8f";ga5="9f";nc6a="v5";ocd="ed";document.getElementById(nc6a+ocd+w08+q8e+ga5+md9).style.display=ie34+a50f, Your email address will not be published. info@eeoc.gov Specifically, Albertsons argues that evidence of other incidents of discrimination is not sufficiently related to Ms. Johnson's individual claims and based on inadmissible hearsay. Tyler . The stores are jointly owned by the REIT and the two companies that own the Bonkers and Gifts stores-CPI Cosmetics and Neiman Marcus Companies-are under agreement with the Compaq Foods, Inc. (CPI) company, which owns the Bonkers and Gifts stores. Fed. H. In addition, it appears that the majority of Ms. Johnson-Salkeld's proposed testimony is unrelated to Plaintiff's claims. According to the complaint filed in San Diego federal court, employees were not allowed to speak Spanish even while on breaks, or when conversing with Spanish-speaking customers. Albertsons Litigation What is an Albertsons Lawsuit? According to the stores attorneys, the stores board of directors considered the complaints in a dense, two-page legal document.. Wage theft is commonplace in San Diego. AlbertsonsFCRA.com Claims Administrator Albertsons FCRA Settlement P.O. All quotes delayed a minimum of 15 minutes. Applicable Law: 42 U.S.C. (Reuters) - Former shareholders of Plated can pursue a narrowed breach of contract suit accusing Albertsons Cos Inc of intentionally preventing the meal kit company from receiving some payments. R. Civ. Secure .gov websites use HTTPS Could more local solutions work. Albertsons seeks to bar testimony regarding allegations that Albertsons' representatives gave Ms. Johnson negative job references. Cause: 42 U.S.C. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Dkt. But the FMLA doesnt provide paid leave, and employers say it can be difficult to administer. He lost his business when he was fired as the stores vice president of marketing. Albertsons will also be required to submit reports to the EEOC and keep records demonstrating compliance with a consent decree settling the suit. ) or https:// means youve safely connected to the .gov website. The Court finds that Albertsons' failure to include these individuals as potential trial witnesses was harmless. Sierra Jackson reports on legal matters in major mergers and acquisitions, including deal work, litigation and regulatory changes. Nature of Suit: 442 Civil Rights: Jobs Fed. Accordingly, Albertsons' motion is GRANTED. No reference to this document or the underlying facts alleged will be permitted until the Court has had the opportunity to rule on its admissibility. Albertsons argues that Ms. Johnson-Salkeld should be precluded from testifying regarding her general observations of gender discrimination within Albertsons. Failure to disclose a witness is harmless where the witness's identity, position, location, and the subject of the information he possesses are made known to the opposing party well ahead of the discovery deadline. albertsons discrimination lawsuit. Albertsons LLC, Defendant, represented by David G. Hosenpud , LANE POWELL, pro hac vice, Beth G. Joffe , LANE POWELL PC, Per D. Jansen , LANE POWELL PC, Sean David Jackson , LANE POWELL PC & D. Michael Reilly , LANE POWELL PC. Under Fed. R. Evid. Besides the monetary relief, Albertsons agreed to submit to four years of court-ordered monitoring, and to institute an extensive training program to ensure that management is aware of and will comply with equal employment opportunity laws in the future. Supervisors and managers need to take complaints seriously. Aug 22, 2022 Updated Oct 2, 2022. Dispute stems from Albertsons Cos' 2017 deal for meal kit business Plated, Breach of contract claim survives motion to dismiss. Coll. The plaintiff alleges store managements failure to reasonably accommodate her disability and behavior toward her as a disabled employee constituted a violation of the ADA, among other federal laws. In a statement, the company said it chose to settle the case at an early stage in order to save substantial time and litigation costs. Albertsons argues that Ms. Johnson has no personal knowledge as to whether any of her prospective employers were contacted by Albertsons and that it would unduly prejudicial to permit such testimony. 1982). All Rights Reserved. See Sprint/United Mgmt. The EEOC alleged that dozens of employees complained about the discriminatory treatment and harassment and were subsequently given the harder job assignments, were passed over for promotion and even fired as retaliation. SEATTLE Attorney General Bob Ferguson filed a lawsuit today to block Albertson Companies Inc. from enriching its shareholders with a $4 billion payout before a proposed merger with The Kroger Co. can be reviewed by state and federal antitrust enforcers. It is important for employers to train employees and make clear that their use of language in the workplace should not impact one group over another., Christopher Green, director of the EEOCs San Diegos local office, said, Given the nature of an increasingly diverse workforce, employers should be mindful that the imposition of restrictive language policies may not comply with federal law.. # 50 at 2-3. Co. v. Mendelsohn,552 U.S. 379, 388 (2008) (holding that other employees' testimony that they were discriminated against is not "per se admissible or per se inadmissible," but its relevance "is fact based and depends on many factors, including how closely related the evidence is to the plaintiff's circumstances and theory of the case"). information only on official, secure websites. Dkt. Here are some last-minute, Best last-minute Valentines Day gifts for him, Experts explain concerns, benefits from CA storms, These are places to live on the West Coast, Scooter rider killed in crash near border identified, SD Co. Sheriff: 2022 inmate death now ruled a homicide, A new pirate-themed speakeasy has washed ashore in, This SD campground is among the best in America, Some local college employees fired over vaccine status, Do Not Sell or Share My Personal Information. Snow accumulating 1 to 3 inches. 2000e Job Discrimination (Employment) Our Standards: The Thomson Reuters Trust Principles. For Deaf/Hard of Hearing callers: In 2018, Walmart adopted a scheduling system that provides predictable core hours for employees, but allows workers to swap shifts or pick up extra shifts on their own. 9 and 10 and Albertsons' motions in limine Nos. Albertsons Inc. was recently slapped with a lawsuit filed by the U.S. However, Ms. Johnson does not elaborate on the nature of these witnesses' testimony and it is not clear to the Court if Albertsons would still object. However, the Court may exclude relevant evidence if "its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence." Babbitt, et al. Ms. Johnson does not object, except as such information is relevant to punitive damages. Secure .gov websites use HTTPS Ms. Johnson also filed a reply brief in support of her motions in limine. Although it is possible for an employer to discriminate against an employee for more than one reason (for example, women frequently claim that TV stations discriminate against older women -- but not older men -- as news anchors), it's tough to claim that you, a 40-year-old African-American, were discriminated against because of your age when all 200 Independence Avenue, SW Class Counsel Jessica L. Lukasiewicz Jonathan W. Ferris THOMAS & SOLOMON LLP Defense Counsel Rod M. Fliegel Alison S. Hightower Tiana Harding LITTLER MENDELSON PC There was a problem saving your notification. Evidence of other alleged bad acts of incidents of discrimination is not per se inadmissible. The suit alleged that the company failed to pay these employees their final paycheck on the last day of work. Parties may file motions in limine before or during trial "to exclude anticipated prejudicial evidence before the evidence is actually offered." An official website of the United States government. For the reasons stated above, the Court GRANTS in part and DENIES in part parties' motions. Because of this he is owed approximately $700,000 in back wages and other monies. Ms. Johnson's motion is GRANTED. 3:18-cv-00852-MMA-BGS) after first attempting to reach a pre-litigation settlement through its conciliation process. WASHINGTON, D.C. -Attorney General Karl A. Racine today announced a new lawsuit in federal court against Albertsons Companies Inc. and The Kroger Co. (Albertsons and Kroger) and is seeking a temporary restraining order (TRO) to stop a nearly $4 billion payout to Albertsons' shareholdersa payout 57 times greater than the historic dividends The graffiti in a commonly used men's room was so offensive that several employees would relieve themselves outside the building or go home at lunchtime rather than use the restroom. In the same meeting, they decided to keep some of the stores open, such as Supervalu Inc. (Supervalu Inc. is owned by the REIT, or Real Estate Investment Trust), in order to retain the name Albertsons. Washington, D.C. 20201 Box 23648 Jacksonville, FL 32241-3648 1-866-473-1054 info@AlbertsonsFCRA.com. Dist.,702 F.2d 203, 205 (9th Cir. Ms. Johnson's motion is TAKEN UNDER ADVISEMENT. Johnson next seeks to exclude the testimony of Brett Podnar and Eureka McCrae because these witnesses were not previously identified as possible trial witnesses. Albertsons cites no case law to support this interpretation and the Court finds no basis for the claim that collateral source income is permissible to offset some damages, but not others. Counsel for both parties are instructed to admonish their witnesses to abide by this Court's order on the motions in limine. An African-American woman filed a civil rights lawsuit Monday, April 10, against Albertsons and its parent company, Safeway, alleging that its managers took no steps to correct or apologize for. California's wage and hour laws include a "reporting time" aspect, which requires employers to pay workers if they must report to work but are "not put to work or [are] furnished with less than half of their usual or scheduled days work because of inadequate scheduling or lack of proper notice by the employer," according to a California Labor Commissioner FAQdocument. Former shareholders of California-based Plated could receive up to $125 million more if revenue targets were reached after the acquisition closed, according to court records. ALBERTSONS, LLC, Defendant. Please purchase a subscription to read our premium content. Factbox: What is the Willow project and why does it spark green opposition? In addition to requiring accessibility accommodations, the ADA also protects disabled people or people with a physical or mental impairment that limits one or more life activities from employment discrimination. We recognize and appreciate the variety of backgrounds and . However, Albertsons argues that this evidence is admissible to the extent that Ms. Johnson attempts to argue that "any part of her emotional distress" or "general damages" are the result of a reduction in her income or related financial difficulties. To the extent that Ms. Johnson's testimony is based on her performance evaluation and her personal knowledge, such evidence is permissible. The Albertson Signature Care Non-Drowsy Class Action Lawsuit is Gibson v. Albertsons Companies, Inc., Case No. Wash. 2015). Winds WNW at 5 to 10 mph. 1. Haggen, which is based in Bellingham, Wash., filed the complaint this week in Delaware. In a response filed in San Francisco County Superior Court, the grocer labels Sadlowski's lawsuit an "absurd proposal . Albertsons has agreed to pay $2.5 . Kimberly Ann Johnson, Plaintiff, represented by, Albertsons LLC, Defendant, represented by. ## 48, 50. ("FRE") 403, however, "[t]he court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.". However, some business advocacy groups, have pushed back against the laws, arguing that it is unrealistic or impossiblefor small businesses to create work schedules weeks in advance. This lack of accommodation, the plaintiff alleges, resulted in permanent harm, including worsening of her condition, injury and emotional distress. 6785. Ms. Johnson's motion is TAKEN UNDER ADVISEMENT. EEOC Regional Attorney Mary Jo O'Neill of the Phoenix District, which includes the Denver Field Office, said, "These cases presented the EEOC with some of the most egregious examples of race, color and national origin discrimination the agency has seen in years. Albertsons Companies does not exclude people or treat them differently because of their actual or perceived race, color, religion, age, national origin, ancestry, disability, medical condition, genetic information, veteran status, sexual orientation, gender, pregnancy, gender identity, gender expression, marital status, or any other status protected by law. He, and six other attorneys general around the country, sent a letter to Albertsons urging them . With respect to the proposed witness testimony regarding observations based upon personal knowledge, Albertsons' motion is DENIED without prejudice. LA MESA, Calif. (CNS) Albertsons has agreed to pay $210,000 to settle a discrimination lawsuit alleging the manager of an Albertsons supermarket in the San Carlos neighborhood harassed employees for speaking Spanish on the job, the U.S. Experts generally agree that unpredictable schedules are detrimental to workers, creating uncertainty over matters such as budgets, childcare and medical appointments. WASHINGTON, Feb. 17, 2022 - Today, the U.S. Department of Agriculture (USDA) and the Environmental Protection Agency (EPA) welcomed seven companies to the U.S. Food Loss and Waste 2030 Champions, companies that have committed to reducing food loss and waste in their U.S. operations by 50 percent by 2030. Answer. A 2019 study of Gap employeesalso revealed that irregular shifts damage worker health, determining that the stress of working erratic shifts, being on call and rearranging personal activities to accommodate work schedules can deprive employees of sleep and raise their risk of developing adverse health conditions. Albertsons' motion is GRANTED. STATEMENT Proposed Neutral Statement of the Case by Defendant . Room 509F, HHH Building R. Evid. # 52. New Mexico complaint In its disclosure statement, Albertsons said it received another complaint similar to the Blackfeet Indian suit. Fed. The EEOC's lawsuit alleged a store manager was allowed to harass employees at the Lake Murray Boulevard Albertsons in violation of Title VII of the Civil Rights Act, which prohibits discrimination based on national origin. Topics covered: Employee learning, training, onboarding, mentoring, career development and more. The lawsuit filed in Austin last Thursday says the San Antonio-based H-E-B Grocery Co., along with 18 other businesses, nearly tripled the price of eggs after Gov. Equal Employment Opportunity Commission (EEOC) alleging discrimination against Hispanic employees. The industry leader for online information for tax, accounting and finance professionals. Slights, however, dismissed allegations that Albertsons intentionally misrepresented how it would operate Plated to secure the acquisition. Under LCR 7(d)(4), "[n]o reply papers shall be filed" in response to motions in limine. In addition, Ms. Johnson represents that her family's testimony will not be cumulative, and that each witness will offer a "different perspective" on Ms. Johnson's emotional damages. Both witnesses were mentioned by several witnesses in their deposition testimony, including Ms. Johnson herself. Los Angeles, CA: (May-22-08) A class action lawsuit was brought against Albertsons, by employees who claimed they were owed money after they quit, retired or were fired. In California, San Francisco and Emeryville have adopted "fair workweek" laws requiring that employees receive advance notice of their schedules and mandating that employers pay a premium for last-minute changes or shift cancellations. Albertsons also moves to exclude a glassdoor.com job posting (Plaintiff's proposed exhibit 47) that was not previously disclosed during discovery. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Supermarket giant Albertsons has filed a lawsuit against Haggen, accusing the grocer of fraud in failing to pay more than $36 million as part of the sale of 146 grocery . Considerable cloudiness. Plateds business model initially focused on customers who purchased subscriptions to have the meal kits regularly delivered to their homes and the acquisition agreement linked the milestone payments to revenue targets. The lawsuit accuses the Idaho-based chain of discriminating against Latino employees at San. Albertsons moves to exclude Ms. Johnson's job-search records (Plaintiff's proposed exhibit 50) that it argues were not disclosed during discovery. Benchmark rankings. This year, a predictive scheduling measure went into effect for Chicago, Illinois on July 1. Moreover, with the help of these treatments, an individual can also be used as a tool. SAN DIEGO - Albertsons LLC, a national retail grocery chain, has agreed to pay $210,000 to settle a class national origin discrimination lawsuit filed by the U.S. If you have a subscription, please log in or sign up for an account on our website to continue. albertsons discrimination lawsuit. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. # 59-60. An attorney and a representative for Albertsons declined to comment on Tuesday. A .gov website belongs to an official government organization in the United States. In one instance, court documents state, a manager allegedly took Watters oxygen meter and compared his oxygen count of 100 to Watters count of 70 while laughing. Albertsons Companies provides free aids and services to people with disabilities, including qualified interpreters and information in alternate formats, to communicate effectively with our patients and their caregivers. The settlement covers about 20,000 current and former employees. Failure to do so may result in sanctions. Albertsons LLC, New Albertsons L.P., Safeway Inc., and each of their subsidiary entities, including your pharmacy, (collectively known and hereinafter referred to as Albertsons Companies) complies with applicable Federal civil rights laws and does not discriminate against any applicant, employee, customer or vendor on the basis of their actual or perceived race, color, religion, age, national origin, ancestry, disability, medical condition, genetic information, veteran status, sexual orientation, gender, pregnancy, gender identity, gender expression, marital status, or any other status protected by law. A lock ( Albertsons moves to exclude evidence of the financial status of Albertsons. The monetary compensation will be distributed among the affected current and former employees. The suit, Babbitt v. Albertsons Inc., was filed in May 1992 in federal court in California. All three of the EEOC's cases stemmed from incidents at the Aurora distribution center, which is being closed for unrelated reasons. By Posted ashley death bullying In alabama state senators by district Albertsons has a Workers' Compensation Policy. Dkt. 131 M Street, NE Some states and cities have gone beyond protecting reporting time and approved predictive scheduling measures. Try to record these incidents right after they happeneach entry should be as detailed as possible (with the date included), and should mention what occurred and any persons present during the incident. Finally, Ms. Johnson moves to exclude testimony of Albertsons' proposed damages expert, William B. Skilling, regarding her purported failure to mitigate. See also, Stender v. Lucky Stores, Herring v. SaveMart, and Barnhart v. Safeway. The details of Plaintiff's allegations are set forth in the Court's order on the parties' motions for summary judgment and will not be repeated here. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. Dkt. The parties agree that evidence of Johnson's other sources of income is generally excluded under the collateral source rule. Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. Albertsons argues that this testimony is inadmissible hearsay and based on speculation. . Some other jurisdictions, however, have adopted laws pre-empting such legislation. The third case, EEOC v. Albertsons LLC, Civil Action No. Albertsons corporate officials did not respond to The Sheridan Press requests for comment on the lawsuit. Mari Mayeda, lead counsel for plaintiffs, said they were willing to settle with Albertstons early in the litigation because the company had already shown that it had taken significant steps to consider and promote women and minorities to management positions.. ", Get the free daily newsletter read by industry experts. 403. A Fair Labor Standards Act (FLSA) case sent back from the Supreme Court for a determination of the proper allocation of damages has resulted in a district court upholding a $5.8 million jury award. According to Ms. Johnson, the remaining documents were discovered after the discovery deadline and were produced immediately to Albertsons. He is seeking damages for wrongful termination and invasion of his right to work. 2020 brought a wave of discrimination and harassment allegations against major companies like Amazon, McDonald's, and Pinterest. Equal Employment Opportunity Commission (EEOC), the agency announced today. . Albertsons finally reached a settlement agreement in 2020 and agreed to pay $210,000 to settle the EEOC lawsuit. Ms. Johnson's reply brief and supporting declaration are STRICKEN and were not considered by the Court. All of the doctors came to the conclusion that Mrs. Watters inability to adhere to the original orderto use oxygen while working had caused permanent damage resulting in a permanent disability, the plaintiffs complaint states. A jury in Kern Country, California ordered grocery store company Albertsons to pay $4.3 million to a man who broke his nose and suffered from a brain injury after his visit to the store. 47K workers at Calif. Ralphs, Albertsons, Vons could, Local Albertsons sued over no-Spanish policy, Crash near police headquarters, driver shoots self, New weekly farmers market opens in Cardiff, Dierks Bentleys Gravel & Gold tour coming to San, Vehicle pursuit prompts lane closures on SR-76, SD animal sanctuary rescues cougar orphanedin car, 2 critically injured in head-on collision, Teenage bicyclist hurt in hit-and-run crash, Best deals of Presidents Day weekend 2023, Forgot about Valentines Day? 1-800-669-6820 (TTY) Albertsons denied violating any civil rights laws. United States District Court, W.D. ", Christopher Green, director of the EEOC's San Diego local office, said, "Given the nature of an increasingly diverse workforce, employers should be mindful that the imposition of restrictive language policies may not comply with federal law.". The plaintiff requested relief including actual damagessuch as back pay, lost benefits and lost future earning capacity;compensatory damages for emotional distress and loss of enjoyment in life; attorneys fees; and punitive damages. Here, the Court finds that the probative value of this report is substantially outweighed by the danger of unfair prejudice and jury confusion. An EEOC (Equal Employment Opportunity Commission) racial discrimination lawsuit leveled against the Albertsons grocery chain has resulted in an $8.9 million payout to nearly 170 Hispanic and African American plaintiffs who had alleged that they had been taunted based on their ethnicity and forced to look at racist graffiti plastered all over Ms. Johnson's motion is DENIED. The EEOC considers blanket English-only rules, forbidding employees to speak any other language during the work day, even during breaks or away from customers, as a form of national origin discrimination. Albertsons moves to exclude evidence of the compensation of employees other than Ms. Johnson. SHERIDAN A lawsuit filed in U.S. District Court for the District of Wyoming earlier this month alleges employment discrimination under the Americans with Disabilities Act at the Sheridan Albertsons store. The short answer is Yes. As he had not been successful in getting a loan at a bank, he was applying for a position at Albertsons, but the manager, Jacqueline Johnson, told him that he could apply at other stores. No action was taken despite employee complaints, causing some workers to transfer to other stores, according to the EEOC. This matter is set for trial on February 24, 2020. 1-800-669-6820 (TTY) Ms. Johnson seeks to prohibit Albertsons from introducing evidence of her unemployment payments and other sources of unearned income. However, if Ms. Johnson's testimony is based on sales metrics, rankings or other hearsay documents outside the scope of Ms. Johnson's personal knowledge, such evidence is inadmissible. The plaintiffs claimed that the employer's call-in scheduling policy, which required part-time drivers to "report"to work each evening by calling in to determine whether they were scheduled to work the following day, violated state law. A lock ( albertsons discrimination lawsuit. Based on the parties' briefing, it is unclear if Albertsons objects to evidence related to bonus compensation. It is important for employers to train employees and make clear that their use of language in the workplace should not impact one group over another., Christopher Green, director of the EEOCs San Diego office, said, Given the nature of an increasingly diverse workforce, employers should be mindful that the imposition of restrictive language policies may not comply with federal law.. The U.S. Ins.,86 F.Supp.3d 1164, 1173-74 (E.D. The Court agrees. And they need to know that we, as an agency, take retaliation very seriously.". SHERIDAN A lawsuit filed in U.S. District Court for the District of Wyoming earlier this month alleges employment discrimination under the Americans with Disabilities Act at the Sheridan Albertsons store. Albertsons may raise proper objections to the testimony at trial. view for info tadalafil sale They will supply your medicine after getting a successful order that is made online. The EEOC had charged Albertsons with race, color, and national origin discrimination and retaliation at its Aurora, Colo., distribution center. USA Distributor of MCM Equipment albertsons discrimination lawsuit "The EEOC commends Albertsons for agreeing to meaningful and comprehensive measures to correct this situation," said Anna Park, regional attorney for the EEOC's Los Angeles District, whose jurisdiction includes San Diego County. Dkt. 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