Arredondo, et al. vs. Delano Farms Company, et al.

Filing 58

TEMPORARY RESTRAINING ORDER; ORDER to SHOW CAUSE re Preliminary Injunction, signed by District Judge Lawrence J. O'Neill on 8/10/2010. Show Cause Hearing set for 8/25/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill.(Verduzco, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) / TO: DEFENDANTS DELANO FARMS COMPANY AND ITS ATTORNEYS OF RECORD: PENDING HEARING on the below Order to Show Cause, f o r go o d c a u s e s h o w n , i t i s ORDERED that Delano Farms Company, and its supervisors, including, but not limited to, Manual Guzman, as well as officers, agents, managers and employees of Delano Farms Company, and any other persons in active concert with Delano Farms Company, be, and hereby are, temporarily enjoined and restrained until August 25, 2010 and no longer without the further order of this Court, from engaging in or performing the following: (a) taking any retaliatory measures or other adverse actions based on retaliatory intent affecting identified plaintiffs, identified and/or reasonably known putative class members, and identified and/or reasonably known potential witnesses, in Arrendondo v. Delano Farms Company; taking any action calculated to discourage current or past employees of Delano Farms from free and open association with any identified plaintiff, identified and/or reasonably known putative class member, or identified and/or reasonably known potential witness 1 vs. DELANO FARMS COMPANY, et al., SABAS ARRENDONDO, et al., Plaintiff, CASE NO. CV F 09-1247 LJO DLB TEMPORARY RESTRAINING ORDER; ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: b9ed48 (b) (c)

in Arrendondo v. Delano Farms Company; discharging, firing, terminating, suspending, failing to pay, disciplining or taking any other similar adverse action which has the anticipated or intended effect of precluding or discouraging any current Delano Farms employee from testifying, assisting or participating in any proceeding, hearing or investigation in this action, provided, however, that nothing in this Order shall prevent Delano Farms from making normal and customary hiring and firing decisions in the normal course of business.

IT IS FURTHER ORDERED that Defendant Delano Farms Company shall post, distribute and deliver a copy of this ORDER in English and Spanish to the following entities in the following manner: (a) Post a copy of this TRO in English and Spanish on a prominently located bulletin board easily and customarily accessible by employees in all Delano Farms facilities; and Distribute a copy of the TRO to each of Defendant's officers, directors, managers, officers, supervisors, and agents at their place of business or home. IT IS FURTHER ORDERED that defendant Delano Farms appear before this Court on August 25, 2010 at 8:30 a.m., or as soon thereafter as counsel can be heard, and show cause, why, pending the final disposition of the matters in Arrendondo v. Delano Farms Company, Defendant should not be preliminarily enjoined and restrained in conformance with this Order. Defendants shall show cause in writing, no later than August 19, 2010. This Court shall discharge the show cause order if, no later than August 19, 2010, defendants file and serve a statement of consent to this restraining order. Plaintiff shall file any written reply no later that 3:00 p.m. on August 23, 2010. IT IS SO ORDERED. August 10, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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