Thomas E. Perez v. i2A Technologies, Inc. et al

Filing 31

ORDER TO SHOW CAUSE WHY DEFENDANT BATINOVICH SHOULD NOT BE INCARCERATED FOR FAILING TO PURGE DEFENDANTS' CIVIL CONTEMPT Order to Show Cause Hearing set for 2/18/2016 08:00 AM. Show Cause Response due by 1/27/2016.. Signed by Judge Alsup on 1/19/16. (whalc1, COURT STAFF) (Filed on 1/19/2016)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) v. ) ) i2A TECHNOLOGIES, INC., a California ) corporation; VICTOR BATINOVICH, an ) ) individual ) ) Defendants. ____________________________________ ) THOMAS E. PEREZ, Secretary of Labor, UNITED STATES DEPARTMENT OF LABOR, Plaintiff, Case No.: 3:15-cv-4963-WHA [PROPOSED] ORDER TO SHOW CAUSE WHY DEFENDANT BATINOVICH SHOULD NOT BE INCARCERATED FOR FAILING TO PURGE DEFENDANTS’ CIVIL CONTEMPT The Secretary of Labor moves for an order directing Defendant Victor Batinovich and his company i2A Technologies, Inc. to appear and show cause why Batinovich should not be incarcerated unless and until Defendants comply with this Court’s December 2, 2015 order and purge themselves of civil contempt by paying employees $56,470.42 in outstanding wages. 16 Having considered the Secretary’s motion, the memorandum of points and authorities, and 17 18 19 20 supporting declarations, the Court GRANTS the Secretary’s motion as follows: TO DEFENDANTS VICTOR BATINOVICH and i2A TECHNOLOGIES, INC. YOU ARE HEREBY ORDERED TO APPEAR IN PERSON AND SHOW CAUSE 21 on February 18, 2016, at 8:00 a.m. in the United States District Court for the Northern District of 22 California, San Francisco Division, Courtroom 8, 19th Floor, located at 450 Golden Gate 23 Avenue, San Francisco California, if there be any, why the Court should not order the U.S. 24 Marshal to take custody of Defendant Batinovich unless and until Defendants purge themselves 25 of their civil contempt by paying employees $56,470.42 in outstanding wages. [PROPOSED] ORDER TO SHOW CAUSE Secretary of Labor v. i2A Technologies, Inc. et al. (Case No. 3:15-cv-4963-WHA) 1 1 2 3 4 Defendants shall file any written response to the Motion for Order to Show Cause no 12:00 p.m. January 27 later than ____ a.m./p.m. on ______________, 2016. The Clerk shall please SERVE this order on Victor Batinovich at the address he provided at the preliminary injunction. 5 6 IT IS SO ORDERED. 7 19 January Dated this ____ day of ________________, 2016. 8 9 10 11 IT IS SO ORDERED ________________________________________ HONORABLE WILLIAM H. ALSUP UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 [PROPOSED] ORDER TO SHOW CAUSE Secretary of Labor v. i2A Technologies, Inc. et al. (Case No. 3:15-cv-4963-WHA) 2

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