Solis v. National Emergency Medical Services Association
Filing
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AMENDED JUDGMENT re 85 , signed by District Judge Anthony W. Ishii on 5/2/13. (Gonzalez, R)
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BENJAMIN B. WAGNER
United States Attorney
GLEN F. DORGAN
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
(559) 497-4080 (telephone)
(559) 497-4099 (facsimile)
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Attorneys for Plaintiff SETH D. HARRIS, Acting Secretary of Labor, U.S. Dept. of Labor
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SETH D. HARRIS, Acting Secretary of Labor,
United States Department of Labor,
AMENDED JUDGMENT
Plaintiff,
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CASE NO. 1:11-cv-00529 AWI-GSA
v.
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NATIONAL EMERGENCY MEDICAL
SERVICES ASSOCIATION,
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Defendant.
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On March 28, 2011, Plaintiff Hilda L. Solis, United States Secretary of Labor brought an action
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pursuant to Title IV of the Labor-Management Reporting and Disclosure Action of 1959 (as amended),
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29 U.S. C. Sections 401, et seq., (the “Act”) against Defendant National Emergency Medical Services
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Association (“NEMSA”), alleging that in or about 2010, the Defendant denied a member in good
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standing, who was actively contesting his termination from employment, the right to be a candidate and
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run for office. The Defendant’s actions violated Section 401(e) of the Act (29 U.S.C.Section 48(e)). The
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Secretary brought the action for the purpose of voiding the Defendant’s July 2010 election for the office
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of President and ordering that the Defendant conduct a new election for President under the supervision of
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the Secretary of Labor.
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On July 9, 2012, the parties entered into a Stipulation of Settlement by which they agreed, that
(1) Defendant would hold an election for the office of President in November 2012, supervised by
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Amended Judgment
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Plaintiff, (2) Upon completion of the election, the Secretary would certify to the Court the names of the
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persons so elected, and (3) upon approval of such certification, the Court shall enter a Judgment declaring
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that such persons have been elected as shown by such certification.
By Order dated November 9, 2012, the deadline to complete the supervised election for the office
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of President, was extended from November 2012 to January 31, 2013.
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On April 24, 2013, the Secretary certified, pursuant to Section 402(c) of the Act (29 U.S.C.
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Section482(c)), that the following named candidate has been duly elected to the office designated:
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Rick Bergen
President
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Accordingly, the Court hereby ORDERS that judgment be entered as follows:
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A. The Certification of Election dated April 24, 2013, is approved.
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B. The following named candidate has been elected to his respective office, in accordance with
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the terms of the parties’ Stipulation of Settlement, to serve a term from the date of installation until the
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term expires no later than June 30, 2013.
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Rick Bergen
President
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C. Each party shall bear its own costs, fees and expenses.
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IT IS SO ORDERED.
Dated: May 2, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:
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0m8i788
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Amended Judgment
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