Solis v. Orland Sand & Gravel Corporation

Filing 62

AMENDED ORDER signed by Judge John A. Mendez on 9/18/2014 FINDING Defendant Orland Sand & Gravel Corporation and Dale "Doc" Bogart in Civil Contempt for their failure to comply with the 47 Order; ENJOINING the mining operation and any ot her business of Defendant Orland Sand & Gravel Corporation for a period of twelve (12) months, effective 8/7/2013; ORDERING that Defendant Orland Sand & Gravel Corporation and Dale Doc Bogart be jointly and severally liable for a coercive monetary sa nction of $500 per day for each day beyond fourteen (14) days from 8/7/2013 47 Order; ORDERING that said sanction be paid to the United States Treasury, c/o Mine Safety and Health Administration, 991 Nut Tree Road, Vacaville, California 95687; ORDERING that Dale "Doc" Bogart be taken into custody by the U.S. Marshal Service and that he be confined for a period of thirty (30) days, or until he can show that he is in compliance with this Courts 47 Order. (Hand-delivered to the U.S. Marshal, Financial Dept) (Michel, G)

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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,

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Plaintiff,
v.

No.

2:11-CV-01706 JAM-AC

AMENDED ORDER FINDING DEFENDANT
ORLAND SAND & GRAVEL CORPORATION
AND DALE “DOC” BOGART IN CIVIL
CONTEMPT

ORLAND SAND & GRAVEL
CORPORATION,

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Defendant.
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Upon the Motion of Plaintiff SETH D. HARRIS, Acting

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Secretary of Labor, United States Department of Labor, and the

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declarations and exhibit filed in support thereof, and by

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adoption of the findings of Magistrate Judge Alison Claire on

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June 20, 2013,

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IT IS THEREFORE ORDERED that Defendant Orland Sand & Gravel

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Corporation (“OSC”) and its owner, Dale “Doc” Bogart, are in

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contempt of this court for their failure to comply with this

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Court’s order, dated March 12, 2013.

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IT IS FURTHER ORDERED that:

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1.

The mining operation and any other business of
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Defendant OSG shall be enjoined for a period of twelve (12)

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months effective as of August 7, 2013;

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2.

OSG and Bogart shall be jointly and severally liable

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for a coercive monetary sanction of $500 per day for each day

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beyond fourteen (14) days from August 7, 2013 that Bogart remains

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in violation of this Court’s order dated March 12, 2013.

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sanction shall be paid to the United States Treasury, c/o Mine

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Safety and Health Administration, 991 Nut Tree Road, Vacaville,

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California 95687; and

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3.

This

Bogart shall be taken into custody by the United States

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Marshal Service and confined for a period of thirty (30) days, or

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until he can show that he is in compliance with this Court’s

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order dated March 12, 2013, whichever occurs first.

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IT IS SO ORDERED.
Dated:

September 18, 2014

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