Maldonado v. Chao

Filing 17

ORDER GRANTING PETITION, DISMISSING CASE AND CLOSING FILE re 16 Stipulation filed by Elaine L. Chao. Signed by Judge Maria-Elena James on 2/4/2009. (mejlc1, COURT STAFF) (Filed on 2/4/2009)

Case 3:08-cv-04761-MEJ

Document 16

Filed 02/03/2009

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division ELLEN M. FITZGERALD (NY 240885) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94102-3495 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Respondent UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ADRIAN MALDONADO, Petitioner, v. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 08-4761 MEJ STIPULATION AND [PROPOSED] ORDER GRANTING PETITION FOR CERTIFICATE OF EXEMPTION PURSUANT TO 29 U.S.C. § 504(a)(5) ORDER DISMISSING CASE, CLOSING FILE

ELAINE CHAO, SECRETARY, UNITED STATES DEPARTMENT OF LABOR, Respondent.

Subject to this Court's approval, petitioner, Adrian Maldonado, and respondent, Elaine Chao, Secretary of the United States Department of Labor, by and through their undersigned counsel, hereby stipulate and agree that Mr. Maldonado's petition pursuant to the LaborManagement Reporting and Disclosure Act ("LMRDA"), 29 U.S.C. § 504(a)(5), for an order of exemption from the statutory provision prohibiting him from working in a labor organization should be granted. Respondent does not oppose Mr. Maldonado's petition. The parties further stipulate and agree that this Court should enter an order, pursuant to 29 U.S.C. § 504(a)(5), by which Mr. Maldonado will be exempt from the LMRDA prohibition against employment in a

STIPULATION AND [PROPOSED] ORDER GRANTING PETITION FOR CERTIFICATE OF EXEMPTION PURSUANT TO 29 U.S.C. § 504(a)(5) No. C 08-4761 MEJ

Case 3:08-cv-04761-MEJ

Document 16

Filed 02/03/2009

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labor organization provided that he serve in the capacity of a labor organizer, a position that does not involve access to union monies or carry any financial responsibilities. IT IS SO STIPULATED. Dated: February 3, 2009 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney By: /s/ ELLEN M. FITZGERALD Assistant United States Attorney Attorney for Respondent

THERESA A. GIBBONS, ESQ.

By:

/s/ THERESA A. GIBBONS Attorney for Petitioner

APPROVED AND SO ORDERED. The Court hereby grants the petition, pursuant to 29 U.S.C. § 504(a)(5), of petitioner, Adrian A. Maldonado, and certifies that he is exempt from the statutory prohibition on service in labor unions and may be employed by a labor union or organization in the capacity of an organizer. As no claims remain pending, this matter is hereby DISMISSED. The Clerk of Court shall close the file. DATED: February 4 2009 _________, __________________________ HON. MARIA-ELENA JAMES United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER GRANTING PETITION FOR CERTIFICATE OF EXEMPTION PURSUANT TO 29 U.S.C. § 504(a)(5) 2 No. C 08-4761 MEJ