Solis v. National Emergency Medical Services Association

Filing 53

AMENDED JUDGMENT re 51 , signed by District Judge Anthony W. Ishii on 5/2/13. (Gonzalez, R)

1

5

BENJAMIN B. WAGNER
United States Attorney
GLEN F. DORGAN
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
[phone] (telephone)
[phone] (facsimile)

6

Attorneys for Plaintiff SETH D. HARRIS, Acting Secretary of Labor, U.S. Dept. of Labor

2
3
4

7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

SETH D. HARRIS, Acting Secretary of Labor,
United States Department of Labor,

AMENDED JUDGMENT
Plaintiff,

13
14

CASE NO. 1:11-cv-01929 AWI-GSA

v.

15

NATIONAL EMERGENCY MEDICAL
SERVICES ASSOCIATION,

16

Defendant.

17
18

On November 18, 2011, Plaintiff Hilda L. Solis, United States Secretary of Labor, brought an

19

action pursuant to Title IV of the Labor-Management Reporting and Disclosure Action of 1959 (as

20

amended), 29 U.S. C. Sections 481-483, (the “Act”) against Defendant National Emergency Medical

21

Services Association (“NEMSA”), for an order directing the Defendant to conduct an election for the

22

offices of Vice President, Treasurer, California Bay Area Regional Director 1, California Valley Regional

23

Director, California Bay Area Regional Director 2, Southern California Regional Director, and Northeast

24

Regional Director under the supervision of the Plaintiff.

25

On July 11, 2012, the parties entered into a Stipulation of Settlement by which they agreed, that

26

(1) Defendant would hold an election for the officers, including nominations, for the positions of Vice

27

President, Treasurer, California Bay Area Regional Director 1, California Valley Regional Director,

28

California Bay Area Regional Director 2, Southern California Regional Director, and Northeast Regional

29
Amended Judgment

30

1

1

Director under the supervision of the Plaintiff in November 2012, (2) Upon completion of the election,

2

the Secretary would certify to the Court the names of the persons so elected, and (3) upon approval of

3

such certification, the Court shall enter a Judgment declaring that such persons have been elected as

4

shown by such certification.
By Order dated November 9, 2012, the deadline to complete the supervised election was extended

5
6

from November 2012 to January 31, 2013 and the offices to be elected were modified to be the Vice

7

President, Treasurer, Northern California Regional Director, Southern California Regional Director and

8

Eastern States Regional Director.
On April 24, 2013, the Secretary certified, pursuant to Section 402(c) of the Act (29 U.S.C.

9
10

Section482(c)), that the following named candidates have been duly elected to the offices designated:

11

Vacant1

Vice President

12

Travis Tandy

Treasurer

13

Leon Savino

Northern California Regional Director

14

Paul McKee

Southern California Regional Director

15

Scott Thomas

Eastern States Regional Director

16

Accordingly, the Court hereby ORDERS that judgment be entered as follows:

17

A. The Certification of Election dated April 24, 2013, is approved.

18

B. The following named candidates have been elected to their respective offices, in accordance

19

with the terms of the parties’ Stipulation of Settlement, to serve a term expiring no later than June 30,

20

2015:

21

Travis Tandy

Treasurer

22

Leon Savino

Northern California Regional Director

23

Paul McKee

Southern California Regional Director

24

Scott Thomas

Eastern States Regional Director

25
26
27
28

1

The sole nominee for vice president was found not eligible to run for vice president since he had not
paid dues for 24 continuous months prior to nominations as required Article VI, Section 3 of the National
Emergency Medical Services Association (NEMSA) bylaws. The position of vice president was
therefore deemed vacant. Pursuant to Article VIII, Section 4(D) of the NEMSA bylaws, the president
shall, subject to the approval of the entire Board of directors, fill a vacant officer position.

29
Amended Judgment

30

2

C. Each party shall bear its own costs, fees and expenses.

1
2
3
4
5

IT IS SO ORDERED.
Dated: May 2, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

6
7

0m8i788

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Amended Judgment

30

3