Hilda Solis v. Sophisticated Technologies, Inc et al

Filing 40

ORDER TO SHOW CAUSE by Judge Dale S. Fischer. Show Cause Hearing set for 6/17/2013 01:30 PM before Judge Dale S. Fischer. See Order for specifics. (dp)

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UNITED STATES DISTRICT COURT FOR THE
CENTRAL DISTRICT OF CALIFORNIA

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SETH HARRIS1, Acting Secretary of
Labor, United States Department of
Labor,

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Plaintiff,

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v.
SOPHISTICATED
TECHNOLOGIES, INC., a
corporation also doing business as
SOPHTECH; MOSHE KLEIN, an
individual; and the SOPHTECH
401(k) PLAN, an employee health
benefit plan.
Defendants.

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Case No.: 2:10-cv-08755-DSF (SSx)
ORDER TO SHOW CAUSE WHY
MOSHE KLEIN SHOULD NOT BE
FOUND IN CIVIL CONTEMPT FOR
FAILURE TO COMPLY WITH
CONSENT JUDGMENT

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Seth D. Harris, Acting Secretary of Labor, United States Department of

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Labor (the “Secretary”), has filed a Motion for an Order to Show Cause Why
Moshe Klein Should Not Be Found in Civil Contempt for Failure to Comply
with Consent Judgment. In support of the Motion, the Secretary has alleged
that Defendant Klein has refused to comply with the Partial Consent Judgment
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Seth D. Harris was appointed as Acting Secretary of Labor on January 24, 2013.
Pursuant to Fed. R. Civ. P. 25(d) the caption has been changed to reflect the
appointment.

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& Order Between the Secretary of Labor and Defendants Moshe Klein and the

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Sophtech 401(k) Plan (“Partial Consent Judgment”), which the parties signed

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on January 25, 2012, and has failed to comply with the Consent Judgment &

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Order Between the Secretary of Labor and Defendants Moshe Klein and the

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Sophtech 401(k) Plan Resolving Remaining Claims (“Consent Judgment

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Resolving Remaining Claims”), which the parties signed on February 16,

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2012. Both judgments were entered by this Court on February 22, 2012

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(collectively the “Consent Judgment”).

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It appearing to this Court that good cause has been shown that

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Defendant Klein should be found in civil contempt of this Court, the Court

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orders that:

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At 1:30 p.m. on June 17, 2013, in the courtroom in the United States District

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Court for the Central District of California, Roybal Courthouse, Courtroom 840,

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located at 255 East Temple Street, Los Angeles, California, Defendant Klein shall

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appear and show cause, if there be any, why he should not be found to be in civil

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contempt of this Court’s Consent Judgment entered on February 22, 2012;

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Not later than 21 days prior to the hearing Defendant Klein shall file his

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response specifically admitting or denying the allegations of Plaintiff’s Motion and

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a copy of the response shall be served upon the attorneys for the Plaintiff in

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accordance with Rule 5(b) of the Federal Rules of Civil Procedure; and

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Plaintiff shall file and serve any reply to Respondent’s response not later

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than 14 days prior to the hearing.

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IT IS SO ORDERED

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4/30/13
DATED:___________

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___________________________
DALE S. FISCHER

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United States District Judge

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