Solis v. Seafood Peddler of San Rafael, Inc. et al
Filing
448
ORDER TEMPORARILY RESTRAINING DEFENDANTS re 446 MOTION for Temporary Restraining Order. Defendants shall file a brief responding to the request for a TRO and to the allegations raised in the Secretary's motions by 8:00 a.m. Monday September 8, 2014. Defendants shall provide the Court declarations from Manuel Camacho and Alphonse Silvestri regarding their interactions with Christina Williams on Friday September 5, 2014, and explain why the TRO should not continue in force. The Secretary shall file a supplemental brief by 8:00 a.m. Monday September 8, 2014, regarding the Court's power or authority to both reinstate Ms. Williams and order back pay under the Fair Labor Standards Act or other applicable statute. The Motion for a Temporary Restraining Order shall be heard at 2:00 p.m. on Monday September 8, 2014 in Courtroom 12. Signed by Judge William H. Orrick on 09/05/2014. (jmdS, COURT STAFF) (Filed on 9/5/2014)
1
UNITED STATES DISTRICT COURT
2
NORTHERN DISTRICT OF CALIFORNIA
3
4
THOMAS E. PEREZ,
Case No. 12-cv-00116-WHO
Plaintiff,
5
v.
ORDER TEMPORARILY
RESTRAINING DEFENDANTS
6
7
SEAFOOD PEDDLER OF SAN RAFAEL,
INC., et al.,
Re: Dkt. No. 446
Defendants.
8
Christina Williams, a former employee of defendant Seafood Peddler of San Rafael,
9
testified at the trial in this matter today, under subpoena from the Secretary of Labor. According
11
United States District Court
Northern District of California
10
to the Secretary, immediately after she finished testifying, Ms. Williams headed to work at
12
Seafood Peddler of Sausalito (an entity which is not a defendant in this action, but is owned or
13
controlled in part by defendants in this action). When she arrived at Seafood Peddler Sausalito,
14
Ms. Williams was fired by defendant Alphonse Silvestri. The Secretary argues that Ms. Williams’
15
firing was in retaliation for her testimony in Court, based on comments made to Ms. Williams by
16
Silvestri and his wife at the time Williams was fired. Docket No. 447, 447-1.
Plaintiff Secretary of Labor seeks a Temporary Restraining Order to prevent defendants
17
18
19
from:
(i)
Christina Williams or any other of Defendants’ employees in any other way,
20
because the employee has testified or will testify in this FLSA trial;
21
22
(ii)
otherwise coercing employees to make false statements regarding the terms and
24
conditions of their employment at Seafood Peddler of San Rafael, Inc.; and
25
27
28
Enjoining Defendants from telling Christina Williams or anyone who works for
them not to testify or to provide false information to this Court or the Secretary or
23
26
terminating or threatening to terminate or retaliating or discriminating against
(iii)
Enjoining Defendants from obstructing this trial in any way.
Docket No. 446.
The Secretary also seeks immediate reinstatement of Christina Williams, who was until
1
today employed as a server and bartender at Seafood Peddler of Sausalito; and back wages for the
2
time that Christina Williams would have worked today at Seafood Peddler of Sausalito.
3
Based on the evidence submitted, in light of the significant risk retaliation may have on
4
this trial, and finding it justified by extraordinary circumstances, I ORDER as follows:
5
Defendants Alphonse Silvestri, Richard Mayfield, and Fidel Chacon are hereby
6
7
TEMPORARILY ENJOINED from:
(i)
terminating or threatening to terminate or retaliating or discriminating against any
8
current or former employee of Seafood Peddler Sausalito or Seafood Peddler San
9
Rafael because the employee has testified or might testify in this FLSA trial;
10
(ii)
from telling any current or former employee of Seafood Peddler Sausalito or
United States District Court
Northern District of California
11
Seafood Peddler San Rafael not to testify or to provide false information to this
12
Court or the Secretary, or otherwise coercing employees to make false statements
13
regarding the terms and conditions of their employment at Seafood Peddler of San
14
Rafael, Inc.
15
Defendants shall file a brief responding to the request for a TRO and to the allegations
16
raised in the Secretary’s motions by 8:00 a.m. Monday September 8, 2014. Defendants shall
17
provide the Court declarations from Manuel Camacho and Alphonse Silvestri regarding their
18
interactions with Christina Williams on Friday September 5, 2014, and explain why the TRO
19
should not continue in force.
20
The Secretary shall file a supplemental brief by 8:00 a.m. Monday September 8, 2014,
21
regarding my power or authority to both reinstate Ms. Williams and order back pay under the Fair
22
Labor Standards Act or other applicable statute. The Motion for a Temporary Restraining Order
23
shall be heard at 2:00 p.m. on Monday September 8, 2014 in Courtroom 12.
24
25
26
27
IT IS SO ORDERED.
Dated: September 5, 2014
______________________________________
WILLIAM H. ORRICK
United States District Judge
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?