Perez v. Ahmed et al

Filing 53

STIPULATION AND ORDER TO CONTINUE PRELIMINARYINJUNCTION HEARING DATE 52 .(whalc2, COURT STAFF) (Filed on 6/17/2015)

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JANET M. HEROLD
Regional Solicitor
SUSAN SELETSKY
Counsel for FLSA
ANDREW J. SCHULTZ (Cal. Bar # 237231)
NATALIE NARDECCHIA (Cal. Bar # 246486)
BENJAMIN R. BOTTS (Cal. Bar #274542)
Trial Attorneys
United States Department of Labor
Office of the Solicitor
90 Seventh Street, Suite 3-700
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff, Thomas E. Perez, Secretary
United States Department of Labor

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UNITED STATES DISTRICT COURT FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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THOMAS E. PEREZ, Secretary of Labor,
United States Department of Labor,

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Plaintiff,
v.

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NATIONAL CONSOLIDATED
COURIERS, INC., a corporation, and
TANWEER AHMED, an individual,
Defendants.

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Case No.: 3:15-cv-1026-WHA
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE PRELIMINARY
INJUNCTION HEARING DATE

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On June 9, 2015, at a court-ordered settlement conference before Magistrate Judge Elizabeth

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Laporte, Plaintiff Secretary of Labor and Defendants National Consolidated Couriers, Inc. and Tanweer

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Ahmed (collectively, “the parties”) agreed to a settlement in principle. The Secretary is currently

STIPULATION & [PROPOSED] ORDER
Case No. 15-cv-1026-WHA

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finalizing a proposed consent judgment to be exchanged with Defendants. Defendants consider the

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resolution of the pending contempt proceeding to be a material term of the settlement, and represent

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that requiring Defendants to proceed with the contempt proceeding runs the risk of undermining the

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parties’ agreement. To allow adequate time to negotiate the language of the consent judgment, the

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parties hereby stipulate and jointly request that the Court continue the preliminary injunction hearing

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currently calendared for June 19, 2015 at 8:00 a.m. three weeks. 1

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Agreed:
M. PATRICIA SMITH
Solicitor of Labor

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JANET M. HEROLD
Regional Solicitor

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SUSAN SELETSKY
Counsel for FLSA

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/s/ Ronald Arena (as authorized 6/17/2015)
RONALD ARENA
ARENA HOFFMAN LLP
Attorneys for Defendants

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/s/ Benjamin Botts
BENJAMIN BOTTS
NATALIE NARDECCHIA
ANDREW SCHULTZ
Trial Attorneys
Attorneys for Plaintiff

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Dated: June 17, 2015

Dated: June 17, 2015

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The consent judgment and concurrently filed complaint will be a separate case, but the parties intend
to file a joint administrative motion under Civ. L.R. 3-12 requesting that the Court treat the new case as
related to the present matter.

STIPULATION & [PROPOSED] ORDER
Case No. 15-cv-1026-WHA

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, the preliminary injunction hearing calendared for June 19,
2015 at 8:00 a.m. is continued until July ____, 2015 at ____ a.m. / p.m.
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IT IS SO ORDERED.

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Dated: June 17, 2015.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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STIPULATION & [PROPOSED] ORDER
Case No. 15-cv-1026-WHA

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