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

Filing 18

STIPULATION and ORDER signed by Judge Frank C. Damrell Jr. on 12/2/05 re: 13 Temporary Restraining Order - shall remain in full force and effect until the hearing on the order to show cause re a preliminary injunction is held. PI Motion Hearing set for 1/27/2006 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Opposition due by 1/6/06 and rply by 1/20/06. (Price, M)

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

Document 18

Filed 12/02/2005

Page 1 of 5

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 STIPULATION TO CONTINUE TEMPORARY RESTRAINING ORDER AND HEARING ON ORDER TO SHOW CAUSE RE ENTRY OF PRELIMINARY INJUNCTION; ORDER THEREON Judge: Hon. Frank C. Damrell, Jr.

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 23 24 25 26 27 28
W02-SD:DM A\5140108 2.1

Defendants.

PDF created with pdfFactory trial version www.pdffactory.com

CASE NO. 05-cv-2303 FCD KJM

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

Document 18

Filed 12/02/2005

Page 2 of 5

1

WHEREAS, the Court issued a temporary restraining order on Tuesday, November

2 22, 2005, preventing the release of Helix Electric, Inc.'s employees' addresses to the Public Works 3 Compliance Program; 4 5 WHEREAS, the Court further set a hearing on December 2, 2005 at 10:00 a.m., for

6 defendants to show cause why a preliminary injunction should not be issued; 7 8 9 cause; 10 11 WHEREAS, the Court elected not to require Helix to post a bond for the temporary WHEREAS, the Court set a briefing schedule for the hearing on the order to show

12 restraining order; 13 14 WHEREAS, the Public Works Compliance Program has indicated that it may

15 request the Court to require that Helix post a bond; 16 17 WHEREAS, the parties have discussed the pending hearing date and briefing

18 schedule and have agreed to continue those dates to allow adequate time for full and complete 19 briefing on the issues; 20 21 22 follows: 23 24 1. Defendants hereby agree that the temporary restraining order shall remain in THEREFORE, by and through their respective counsel, the parties stipulate as

25 full force and effect until the hearing on the order to show cause re a preliminary injunction is 26 held; 27 28
W02-SD:DMA\51401082.1

-1-

PDF created with pdfFactory trial version www.pdffactory.com

Case No. 05-cv-2303

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

Document 18

Filed 12/02/2005

Page 3 of 5

1

2.

The hearing on the order to show cause why a preliminary injunction should

2 not be issue shall be continued until January 27, 2006 at 10:00 a.m. 3 4 3. Any and all opposition papers must be filed and served by Defendants no

5 later than January 6, 2006. 6 7 4. Any and all reply papers must be filed and served by Helix no later than

8 January 20, 2006. 9 10 5. The Public Works Compliance Program shall have until December 5, 2005

11 to file and serve a request for reconsideration as to whether Helix must post a bond on the 12 temporary restraining order. 13 14 15 16 DATED: ___________________, 2005 17 18 19 20 21 22 23 24 25 26 27 28
W02-SD:DMA\51401082.1

IT IS SO STIPULATED:

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By RICHARD M. FREEMAN MATTHEW S. McCONNELL Attorneys for Plaintiff HELIX ELECTRIC, INC.

-2-

PDF created with pdfFactory trial version www.pdffactory.com

Case No. 05-cv-2303

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

Document 18

Filed 12/02/2005

Page 4 of 5

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
W02-SD:DMA\51401082.1

DATED: ___________________, 2005 WEINBERG, ROGER & ROSENFELD

By DAVID ROSENFELD, Esq. Attorneys for Defendant PUBLIC WORKS COMPLIANCE PROGRAM DATED: ___________________, 2005

By RAY C. THOMPSON, Deputy County Counsel Attorney for Defendant COUNTY OF SACRAMENTO DATED: ___________________, 2005

By ANN HIPSHMAN, Esq. Attorney for Defendants DIVISION OF LABOR STANDARDS ENFORCEMENT, DEPARTMENT OF INDUSTRIAL RELATIONS, JOHN REA AS ACTING DIRECTOR OF THE DIR, AND DONNA DELL AS LABOR COMMISSIONER

-3-

PDF created with pdfFactory trial version www.pdffactory.com

Case No. 05-cv-2303

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

Document 18

Filed 12/02/2005

Page 5 of 5

1 2

ORDER Based on the foregoing stipulation and good cause appearing therefore, the Court

3 orders the following: 4 5 The hearing on the order to show cause why a preliminary injunction should not be

6 issue shall be continued until January 23, 2006 at 10:00 a.m. 7 8 Any and all opposition papers must be filed and served by Defendants no later than

9 January 6, 2006. 10 11 12 13 January 20, 2006. 14 15 The temporary restraining order prohibiting the release of Helix Electric, Inc.'s Any and all reply papers must be filed and served by Helix no later than

16 employees' address to the Public Works Compliance Program shall remain in full force and effect 17 until the hearing on the order to show cause re a preliminary injunction is held. 18 19 The Public Works Compliance Program shall have until December 5, 2005 to file

20 and serve a request for reconsideration as to whether Helix must post a bond on the temporary 21 restraining order. 22 23 24 25 Dated: December 2, 2005 26 27 28
W02-SD:DMA\51401082.1

IT IS SO ORDERED.

/s/ Frank C. Damrell Jr. UNITED STATES DISTRICT JUDGE

-4-

PDF created with pdfFactory trial version www.pdffactory.com

Case No. 05-cv-2303