Solis v. Seafood Peddler of San Rafael, Inc. et al

Filing 51

ORDER GRANTING IN PART 48 Proposed Protective Order. Signed by Judge Nathanael M. Cousins on 09/24/2012. (nclc2, COURT STAFF) (Filed on 9/24/2012)

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JANET M. HEROLD
Regional Solicitor
DAVID M. KAHN
Counsel for Employment Standards
LEON PASKER
Hawaii State Bar No. 8505
Senior Trial Attorney
ROSE DARLING
Trial Attorney
California State Bar No. 243893
United States Department of Labor
Office of the Solicitor
90 7th Street, Suite 3-700
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
email: [e-mail]
Attorneys for the Plaintiff, Hilda L. Solis, Secretary
United States Department of Labor

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 4:12-cv-00116 (PJH/NC)

HILDA L. SOLIS, Secretary of Labor, United )
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States Department of Labor,
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Plaintiff,
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v.
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SEAFOOD PEDDLER OF SAN RAFAEL, )
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INC., dba SEAFOOD PEDDLER, a
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corporation; ALPHONSE SILVESTRI, an
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individual, RICHARD MAYFIELD, an
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individual, and FIDEL CHACON, an
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individual,
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Defendants.

[PROPOSED] PROTECTIVE ORDER
PROHIBITING INQUIRY BY
DEFENDANTS INTO WITNESSES’
GOVERNMENT INFORMANT OR
IMMIGRATION STATUS
Hon. Nathanael Cousins

Plaintiff Hilda L. Solis, Secretary of Labor, United States Department of Labor, filed a
motion for protective order under Fed. R. Civ. P. 26(c), which came on for hearing before the
Court on September 19, 2012. After considering the parties’ joint letter brief regarding the

[PROPOSED] PROTECTIVE ORDER
CASE NO. CV-12-0116 (JW/NC)

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Secretary’s motion and the arguments advanced by counsel during the hearing, it is hereby

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ORDERED that Defendants are prohibited from:

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1.

Asking any witness during a deposition, directly or indirectly, whether he or she

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or any other person spoke to, gave a statement to, or exchanged documents or other tangible

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things with the United States Department of Labor, or any of its agents, employees or

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investigators (collectively “DOL”). Should Defendants ask during a deposition whether a

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witness discussed the subject matter of this case with anyone, gave a statement to or exchanged

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documents or other tangible things with anyone, Defendants must begin the inquiry by stating,

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“with the exception of any agent of the United States Department of Labor/DOL;”

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2.

Asking any witness during a deposition, directly or indirectly, about the content of

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any communication, including any statement, email or correspondence, between the witness or

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any other person and DOL;

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3.

Asking any witness during a deposition, directly or indirectly, any questions

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concerning the immigration status of the witness or any other person, including any questions

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regarding:

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(a)

The existence or content of any documents concerning the person’s immigration
status, including but not limited to, birth certificates, passports, Visas, Green Cards,
Permanent Resident Cards, Employment Authorization Cards, I-9s, or any other
forms of the U.S. Citizenship and Immigration Service;

(b)

The witness’s or other person’s country of birth, birth name, or any other aliases
used at any time;

(c)

Whether the witness or other person spoke to, gave a statement to or exchanged
documents or other tangible things with DOL or any other agent of the United
States government concerning the witness’s and/or any other person’s immigration
status;

(d)

The witness’s or other person’s social security or tax payer identification number,
or lack thereof; and

(e)

Whether the witness or other person paid income taxes, sought or obtained tax
advice, or prepared or filed an income tax return, including the content of any tax
returns.

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[PROPOSED] PROTECTIVE ORDER
CASE NO. CV-12-0116 (JW/NC)

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4.

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documents that:
(a)

Refer or pertain to DOL; were provided by the witness or any other person to DOL;
or constitute any communications between the witness and DOL; or

(b)

Directly or indirectly concern the immigration status of the witness or any other
person, including any documents relating to the issues addressed above in Item No.
3.

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Judge Na

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[PROPOSED] PROTECTIVE ORDER
CASE NO. CV-12-0116 (JW/NC)

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R NIA

_________________________________
OR E
DIST D
ES SO RIJudge
IT ISMagistrateFCED
United States MODI I T C
AT

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L
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September
9/20/12 24, 2012
Dated: _____________________

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FO

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The restrictions of this protective order do not apply at trial of this matter without
further order of the Court.
SO ORDERED:
IT IS SO ORDERED.

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UNIT
ED UNIT
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Requesting that a deponent subpoenaed under Fed. R. Civ. P. 45 produce

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