Perez v. Ahmed et al

Filing 6

ORDER RE TEMPORARY RESTRAINING ORDER. Signed by Judge Alsup on 3/5/2015. (whalc2, COURT STAFF) (Filed on 3/5/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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

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Plaintiff,
v.

ORDER RE TEMPORARY
RESTRAINING ORDER

NATIONAL CONSOLIDATED
COURIERS, INC., a corporation, and
TANWEER AHMED, an individual
Defendants.
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No. C 15-01026 WHA

In this action filed by the United States Secretary of Labor, petitioning to enforce

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administrative subpoenas, the Secretary has moved for an ex parte temporary restraining order

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seeking the following relief:

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(a) a temporary restraining order, restraining and enjoining defendants as follows:

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(i) from further destruction or alteration of any evidence that may relate to the
Secretary’s investigation;

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(ii) from failing and refusing to produce the documents sought by the
administrative subpoenas;

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(iii) from violating the FLSA by interfering with the Secretary’s investigation
through destruction of evidence, false testimony, and intimidation of witnesses;

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(iv) from violating the FLSA by retaliating against the employees of NCCI and
their rights under the FLSA to recover of wages potentially owed them, as well as
intimidating witnesses and directing them to provide false testimony;
(v) from refusing to pay for the services of a third-party forensic specialist to
attempt to retrieve deleted and destroyed evidence;

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(vi) from refusing to allow the Secretary to secure any and all equipment that may
contain electronically stored data (including computers, cell phones, etc.); and

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(vii) from failing and refusing to produce the documents sought by
the administrative subpoenas; and

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(b) an order authorizing the United States Marshal Service to enter (using reasonable
force) NCCI’s facilities in San Leandro, San Jose, and Sacramento, California, and seize
all computers, backup drives and backup electronic media at these facilities.

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Plaintiff must promptly and properly serve defendants with the application, petition, and

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all supporting documents TODAY. Defendants shall respond to the application for a temporary

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restraining order by FIVE P.M. ON MARCH 6, 2015. A hearing is hereby set for EIGHT A.M. ON

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MARCH 11, 2015.
To preserve the status quo, defendants are prohibited from destroying or altering any

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For the Northern District of California

United States District Court

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evidence or intimidating any witnesses that are potentially responsive to the Secretary of Labor’s

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investigation.

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IT IS SO ORDERED.

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Dated: March 5, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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