R. Alexander Acosta v. Ginger Green, Inc. et al

Filing 26

PRELIMINARY INJUNCTION by Judge Otis D. Wright, II: Defendants Aqua Fashion, Inc. AND JE Fashion, Inc. are enjoined from shipment of all goods for 2 weeks to allow Secretary to determine that goods were produced in compliance with the FLSA. Defendant s are enjoined and restrained from shipment of all Ginger G goods until Ginger G provides sufficient records to allow the Secretary to determine, and the Secretary does determine, that goods were produced in compliance with the FLSA. Defendant Chang Lee shall be available for deposition within two weeks of the time that Ginger G has produced all records to the Secretary. Defendants Ginger G, Chang Lee, Hae Lee, and Hye Kyung Lee are enjoined and restrained from using domestic sewing contractors toproduce Ginger G goods until they confirm that the contractor pays employees for all hours worked, regular and overtime, at the rates prescribed by law. (SEE DOCUMENT FOR OTHER SPECIFICS). (lc)

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JANET HEROLD
Regional Solicitor
SUSAN SELETSKY
Counsel for Wage and Hour (CSBN 176106)
Office of the Solicitor
CYNTHIA LIAO
Trial Attorney (CSBN 301818)
United States Department of Labor
350 S. Figueroa Street, Suite 370
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff Secretary of Labor
UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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R. ALEXANDER ACOSTA, SECRETARY
OF LABOR, UNITED STATES
DEPARTMENT OF LABOR,
Plaintiff,

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Case No.: 2:18-cv-4098-ODW-SK

XXXXXXXXXXX
[PROPOSED] PRELIMINARY

INJUNCTION
GINGER GREEN, INC., a corporation; AQUA
FASHION, INC., a corporation; CHANG LEE,
an individual, HYE KYUNG LEE, an
individual; HAE LEE, an individual; GILSU
PARK, an individual; JE FASHION, INC., a
corporation; KYU YOUNG YOO, an
individual,
Defendants.

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This matter came before the Court on the application of the United States

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Secretary of Labor for a temporary restraining order under Federal Rule of Civil

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U.S.C. § 217, and an order for Defendants Ginger Green, Inc.
[PROPOSED] PRILMINARY INJUNCTION
Case No.: 2:18-cv-4098-ODW-SK

, Aqua
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Fashion, Inc.

, JE Fashion, Inc.

, Chang Lee, Hye Kyung Lee, Hae Lee,

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Gilsu Park, and Kyu Young Yoo to show cause why a preliminary injunction should not

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issue enjoining them from violating the hot goods and investigative provisions of the

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FLSA, 29 U.S.C. §§ 215(a)(1), 211(a).

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On May 18, 2018, the Court issued a Temporary Restraining Order (ECF No. 10)

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and an Order to Show Cause Why a Preliminary Injunction Should Not Issue (ECF No.

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11). On May 30, 2018, the Court held oral argument.

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Defendants failed to show cause why a preliminary injunction should not issue.
Thus, the Court GRANTS the preliminary injunction as follows:
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Defendants Aqua and JE are enjoined and restrained from shipment of all

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goods for two weeks to allow the Secretary to determine that goods were produced in

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compliance with the FLSA.

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2.

Defendants are enjoined and restrained from shipment of all Ginger G

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goods until Ginger G provides sufficient records to allow the Secretary to determine, and

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the Secretary does determine, that goods were produced in compliance with the FLSA,

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including all documents responsive to the April 20, 2018 Subpoena, open purchase

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orders including those for HJ Fashion, Inc., production sheets, records showing all

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payments made in the last three months, and records showing garments produced outside

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the United States. The Secretary shall make his determination within two weeks of

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3.

Defendant Chang Lee shall be available for deposition within two weeks of

the time that Ginger G has produced all records to the Secretary.
4.

Defendants are enjoined and restrained from violating the provisions of

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any of the following manners: Defendants shall not transport, ship, deliver, or sell in

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commerce, or offer to do so, any goods produced by any employees who were not paid

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the required minimum wage or overtime in violation of Sections 6 and 7 of the FLSA,

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29 U.S.C. §§ 206, 207. Specifically:
[PROPOSED] PRELIMINARY INJUNCTION

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a. Defendants Ginger G, Chang Lee, Hae Lee, and Hye Kyung Lee are

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enjoined and restrained from using domestic sewing contractors to

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produce Ginger G goods until they confirm that the contractor pays

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employees for all hours worked, regular and overtime, at the rates

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prescribed by law.

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b. Defendants Ginger G, Chang Lee, Hae Lee, and Hye Kyung Lee shall

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require all contractors with whom they do business to maintain accurate

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time records, production records, piece rate records and payroll records

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c. Defendants Ginger G, Chang Lee, Hae Lee, and Hye Kyung Lee shall

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hire an independent monitor, such as Worker Rights Consortium, to

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monitor all domestic contractors at least quarterly to determine its

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Ginger G shall provide

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monitoring reports to all Ginger G retailers, including TJX, Companies,

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Inc., and to the Department of Labor upon request.

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5.

Defendants are enjoined and restrained from interfering with or obstructing

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.

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IT IS SO ORDERED.

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4th
June
Dated this ____ day of ________________, 2018.
____,

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__________________________________
__________________________________
_

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STATES DISTRICT
UNITED STATES DISTRICT JUDGE
E
S

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[PROPOSED] PRELIMINARY INJUNCTION

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CERTIFICATE OF SERVICE

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I hereby certify that I electronically filed the PROPOSED
PRELIMINARY INJUCTION with the Clerk of the Court using the CM/ECF
system which will send notification of such filing to the Electronic Service List for
this Case.
I further certify I served the PROPOSED PRELIMINARY INJUCTION
in a sealed envelope, via UPS, and addressed to the people hereinafter named, at
the places and addresses stated below:
Kyu Young Yoo
71 Spectrum Blvd.
Las Vegas, Nevada 89101
Gilsu Park
6600 S. Avalon Blvd., Unit B-2,
Los Angeles, California 90003.

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Dated:

1, 2018

By:

/s/ Susan Seletsky
SUSAN SELETSKY

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