Helix Electric, Inc. v. Division of Labor Standards Enforcement et al

Filing 13

TEMPORARY RESTRAINING ORDER signed by Judge Frank C. Damrell Jr. on 11/22/05. 5 MOTION for TEMPORARY RESTRAINING ORDER Notice of Motion and Motion for (1) Temporary Restraining Order and (2) Order to Show Cause Re Entry of Preliminary Injunctio n filed by Helix Electric, Inc. - GRANTED. No Bond required. Hearing on Motion for Preliminary Injunction set for 12/2/2005 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Opposition to the motion by 11/29/05 and rply by 12/1/05 noon. (Price, M)

Helix Electric, Inc. v. Division of Labor Standards Enforcement et al

Doc. 13

Case 2:05-cv-02303-FCD-KJM

Document 13

Filed 11/22/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 HELIX ELECTRIC, INC. Plaintiff, v. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CASE NO. 05-cv-2303 FCD KJM TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE ENTRY OF PRELIMINARY INJUNCTION Date: Time: Courtroom: Judge:

DIVISION OF LABOR STANDARDS 14 ENFORCEMENT, an agency of the State of California; DEPARTMENT OF 15 INDUSTRIAL RELATIONS, an agency of the State of California; DONNA DELL, an 16 individual in her capacity as Labor Commissioner of the State of California; 17 JOHN REA, an individual in his capacity as Acting Director of the Department of 18 Industrial Relations of the State of California; COUNTY OF SACRAMENTO, PUBLIC 19 WORKS COMPLIANCE PROGRAM, 20 21 22 Defendants.

This matter came before the Court, the Honorable Frank C. Damrell Jr. presiding,

23 on motion by plaintiff Helix Electric, Inc. ("Helix"), for entry of a temporary restraining order and 24 25 26 27 order to show cause re preliminary injunction against defendants Division Of Labor Standards Enforcement, Department Of Industrial Relations, Donna Dell (in her capacity as Labor Commissioner Of The State Of California), John Rea (in his capacity as Acting Director Of The

28 Department Of Industrial Relations Of The State Of California), County Of Sacramento, and
W02-SD:DMA\51399914.1

Case No. 05-cv-2303 Dockets.Justia.com

Case 2:05-cv-02303-FCD-KJM

Document 13

Filed 11/22/2005

Page 2 of 2

1 Public Works Compliance Program ("Defendants"). Upon receipt of the motion, the court 2 attempted to contact by telephone counsel for all defendants. However, it was only able to reach 3 4 5 6 7 After carefully considering the papers filed in support of the motion, and considering defendant County's non-opposition to the motion expressed at the telephonic hearing, the court counsel for plaintiff, Richard M. Freeman and counsel for defendant County of Sacramento, John H. Dodds. Said counsel appeared telephonically for a hearing at approximately 3:00 p.m.

8 hereby ORDERS that a temporary restraining order shall be and hereby is issued as follows: 9 10 11 12 13 14 15 16 17 18 19 20 December 2, 2005 at 10:00 a.m., to show cause why a preliminary injunction should not be issued enjoining Defendants from engaging in the actions described above, pending trial on the merits of IT IS ORDERED that no bond is required by plaintiff. IT IS FURTHER ORDERED that Defendants appear before this court in Courtroom 2 on Pending a hearing on the order to show cause re: entry of a preliminary injunction, Defendants, and their agents, servants, employees, attorneys, and all persons in active concert and/or participation with them who receive notice, and each of them, are enjoined and restrained from: Providing the addresses of Helix's employees to PWCP or any related entity pursuant to Labor Code section 1776(e).

21 this action. Any and all opposition papers must be filed and served by Defendants no later than 22 November 29, 2005. Reply papers shall be filed and served by Helix no later than December 1, 23 2005, at 12:00 p.m. 24 25 November 22, 2005 26 27 28
W02-SD:DMA\51399914.1

/s/ Frank C. Damrell Jr. U.S. District Judge

3:45 p.m.

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Case No. 05-cv-2303