US Equal Employment Opportunity Commission v. Western Express Inc

Filing 19

ORDER OF DISMISSAL by Magistrate Judge Alka Sagar. FOR GOOD CAUSE SHOWN, the EEOC's request 18 for voluntary dismissal of its application to enforce its Subpoena pursuant to Federal Rule of Civil Procedure 41(a)(2) IS GRANTED. Case Terminated. Made JS-6. (afe)

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ANNA Y. PARK, CA SBN 164242
SUE J. NOH, CA SBN 192134
DEREK W. LI, CA SBN 150122
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
255 E. Temple Street, 4th Floor
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff EEOC
UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

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Petitioner,

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v.
WESTERN EXPRESS, INC.,
Respondent.

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Case No. 2:15-mc-00055-JFW(ASx)
[PROPOSED] ORDER RE:
PETITIONER EEOC’S
REQUEST FOR VOLUNTARY
DISMISSAL OF ITS
APPLICATION TO SHOW
CAUSE TO ENFORCE ITS
SUBPOENA ON DEFENDANT
WESTERN EXPRESS

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Order re: EEOC’S Req. for Dismissal Appl. to Enforce Subpoena

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On March 10, 2015, Petitioner United States Equal Employment

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Opportunity Commission (“Petitioner” or “EEOC”) filed its application to enforce

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its administrative subpoena (Subpoena Duces Tecum LA 14-028 or “Subpoena”)

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against Respondent Western Express, Inc. (ECF No. 1- 3). Respondent

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subsequently produced additional documents to respond to the Subpoena. On May

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29, 2015, the Court held a hearing and ordered Respondent to further comply with

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the Subpoena by submitting an additional declaration responsive to the Subpoena

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demands still in dispute. (ECF No. 16). On June 11, 2015, Respondent sent the

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declaration to the EEOC as ordered by the Court.

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Because Respondent has subsequently produced responsive documents and

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has complied with the Court’s Order, the issues raised by the EEOC’s application

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to enforce its Subpoena against Respondent have been resolved. Pursuant to

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Federal Rule of Civil Procedure 41(a)(2), the EEOC requests for the voluntary

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dismissal without prejudice of the EEOC’s subpoena enforcement action.

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FOR GOOD CAUSE SHOWN, the EEOC’s request for voluntary

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dismissal of its application to enforce its Subpoena pursuant to Federal Rule of

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Civil Procedure 41(a)(2) IS GRANTED. IT IS SO ORDERED that the EEOC’s

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application to enforce its Subpoena is hereby dismissed without prejudice.

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Dated: ____________________
July 29, 2015

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_____________________________
/s/
HON. ALKA SAGAR
United States Magistrate Judge

Submitted by:

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/s/ Derek W. Li
_______________________
26 Derek W. Li
27 Attorney for Petitioner EEOC
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Order re: EEOC’S Req. for Dismissal Appl. to Enforce Subpoena