Department of Labor v. Harris Trucking & Concrete Construction Inc

Filing 6

ORDER: The Court has received the attached letter from Harris Trucking's former lawyer. Signed by Judge D. P. Marshall Jr. on 8/24/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
R. ALEXANDER ACOSTA, Secretary of Labor,
United States Department of Labor

v.

PETITIONER

No. 4:17-mc-16-DPM

HARRIS TRUCKING & CONCRETE
CONSTRUCTION, INC.

RESPONDENT

ORDER
The Court has received the attached letter from Harris Trucking's
former lawyer.
So Ordered.

Cox, STERLING, McCLURE &

vANDIVER, PLLC

ATTORNEYS AT LAW
CADE L. Cox

8712 COUNTS MASSIE RD.
NORTH LITTLE ROCK, ARKANSAS 72113

c![e-mail]
MEUNIEJ. MCCUm E
mjmcclurc.. ®csmfinn.com
-

TELEPHONE [phone]

FACSIMILE [phone]

BRIAN A. VANDfVER
bavandivcr@csmfinn .com

WEB: www.csmfinn.com

STEPHANIE L. SIMPSON

slsimpson@cs mfian.com
L EGAL ASS ISTANT

EMILYK TOWE
[e-mail]
LEGAL ASSISTANT

August 23, 2017

VIA ELECTRONIC AND US MAIL
Karla Jackson Edwards
Senior Trial Attorney
US Dept. of Labor, Office of the Solicitor
525 S. Griffin Street, Suite 50 I
Dallas, TX 75202
[e-mail]
RE:

R. Alexander Acosta, U.S. Secretary of Labor v. Harris Trucking &
Concrete Construction, Inc.; No. 4: 17-mc-00016-DPM

Dear Ms. Edwards:
Per my voicemail to you today, I do not represent the Respondent in the abovestyled civil matter you initiated. I have a conflict of interest under the ethical rules for
lawyers because I will likely be a witness in the case and contradict several of Investigator
Fischer's factual allegations. I have received the pleadings in the case from you and I
forwarded them to the Respondent's owner.
Also per my voicemail to you today, I recently again sent Investigator Fischer
Respondent's payroll records for 2 years (2015 & 2016).
Finally, per my voicemail to you today, Mr. Harris's direct contact information is
and he is willing to provide you with any of the additional documents you
have requested that are in his possession. He is also willing to schedule an onsite visit at a
mutually agreeable time, as he has been willing to do throughout this entire process.
I am copying the Court on this letter to inform the Court that I do not represent the
Respondent in the above-style action. Further, I want Judge Marshall to know that I
repeatedly asked you on multiple occasions to discuss and resolve this issue prior to
litigation but you refused to discuss it with me.

Sincerely,

By:
Brian A. Vandiver
BAV:ss
cc:

U.S. District Court Judge D.P. Marshall Jr.([e-mail])
Investigator Kyle Fischer ([e-mail])