The Facebook, Inc. v. Connectu, Inc et al

Filing 191

EXHIBITS (DOCUMENT FILED UNDER SEAL) (bw, COURT STAFF) (Filed on 8/22/2007)

The Facebook, Inc. v. Connectu, LLC et al

Doc. 191

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MORTIMER H. HARTWELL (State Bar No. 154556) DIANE L. WEBB (State Bar No. 197851) WILLIAM W. FRIEDMAN (State Bar No. 215185) MORGAN, LEWIS & BOCKIUS LLP One Market - Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] CHRISTOPHER HO (State Bar No. 129845) THE LEGAL AID SOCIETY ­ EMPLOYMENT LAW CENTER 600 Harrison Street, Suite 120 San Francisco, CA 94107-1387 Tel: [phone] Fax: [phone] MARIELENA HINCAPIÉ (State Bar No. 188199) NATIONAL IMMIGRATION LAW CENTER 405 14th Street, Suite 1400 Oakland, CA 94612 Tel: [phone] Fax: [phone] Attorneys for Plaintiff MAKHAN SINGH UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MAKHAN SINGH, a.k.a. MACAN SINGH, Plaintiff, vs. C.D.& R's OIL, INC., a California corporation; CHARANJIT JUTLA, a.k.a. CHARANJIT JUTLA SINGH, as an individual, president, and shareholder; and DAVINDER JUTLA, as an individual, vice-president, secretary, and shareholder, Defendants. The jury in this matter having determined that Defendants C.D. & R'S OIL, INC., CHARANJIT JUTLA, a.k.a. CHARANJIT JUTLA SINGH, and DAVINDER JUTLA unlawfully retaliated against Plaintiff MAKHAN SINGH, a.k.a. MACAN SINGH, because he asserted wage and hour rights protected by the Fair Labor Standards Act and the California Labor Code, and
1-SF/7070732.1

Case No. C 02-1130 CRB (EMC) [REVISED PROPOSED] POST-TRIAL ORDER GRANTING PLAINTIFF MAKHAN SINGH'S PRAYER FOR INJUNCTIVE RELIEF AGAINST DEFENDANTS C.D. & R'S OIL, INC., CHARANJIT JUTLA, a.k.a. CHARANJIT JUTLA SINGH, AND DAVINDER JUTLA [Hon. Charles R. Breyer]

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[PROPOSED] ORDER GRANTING PLAINTIFF MAKHAN SINGH'S PRAYER FOR INJUNCTIVE RELIEF Case No. C 02-1130 CRB (EMC)

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 also that the aforementioned defendants intentionally and negligently inflicted emotional distress upon Plaintiff, Good cause appearing therefor, and based inter alia upon the jury's factual determination that Defendants unlawfully retaliated against Plaintiff in violation of the Fair Labor Standards Act and the California Labor Code, IT IS HEREBY ORDERED that plaintiff's prayer for injunctive relief is GRANTED. IT IS FURTHER ORDERED that Defendants C.D. & R's Oil, Inc., Charanjit Jutla, a.k.a. Charanjit Jutla Singh, and Davinder Jutla, and their agents, employees, assigns, heirs, and attorneys (collectively, "Defendants"), are PERMANENTLY ENJOINED as follows: 1. Defendants are enjoined from retaliating against Plaintiff based in whole or in any

part upon Plaintiff's initiation of this action, or of any other legal or administrative proceeding or assertion of rights, against Defendants. 2. Defendants are additionally enjoined from attempting in any manner to initiate or

cause to be initiated any action by any governmental entity, whether Federal, State, local, or otherwise, with respect to Plaintiff; 3. Defendants are additionally specifically enjoined, without limitation, from

attempting in any manner to make inquiries, offer information, or to initiate or cause to be initiated any action with respect to Plaintiff's immigration status, or to any immigration proceedings in which Plaintiff may be involved before the U.S. Department of Homeland Security and its agencies, including without limitation the successor agencies to the U.S. Immigration and Naturalization Service ("INS"), e.g., the Bureau of Immigration and Customs Enforcement; 4. Defendants are additionally enjoined from contacting (directly or indirectly),

molesting, harassing, attacking, striking, threatening, assaulting, battering, telephoning, sending any messages to, following, stalking, destroying the personal property of, disturbing the peace of, or keeping under any type of surveillance, Plaintiff;
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[PROPOSED] ORDER GRANTING PLAINTIFF MAKHAN SINGH'S PRAYER FOR INJUNCTIVE RELIEF Case No. C 02-1130 CRB (EMC)

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5.

Defendants are additionally enjoined to stay at least 500 yards away from Plaintiff,

his residence, places of work, and/or vehicles; and 6. Defendants are additionally enjoined from utilizing or causing to be utilized any

governmental or private entities for the purposes of causing any of the above actions to be taken as to Plaintiff. 7. For purposes of the above injunctions, "Plaintiff" refers to Plaintiff MAKHAN

SINGH and those persons who are related to him by blood or marriage, including without limitation his mother, SUJIT KAUR, and her immediate relatives 1 ; his cousin, KARANJIT SINGH, and his immediate relatives, and his uncle, MOHINDER SINGH, and his immediate relatives. Upon presentation to the Court (whether ex parte or upon motion) of any evidence that Defendants, or any of them, have in any manner violated any of the injunctions set forth herein, the Court shall in its discretion conduct a hearing to determine whether those defendants shall be found to be in contempt of this Order. Should the Court find by a preponderance of the evidence that Defendants, or any of them, have violated any of the injunctions set forth herein, the Court shall impose upon those defendants any and all appropriate contempt sanctions available to it, including without limitation monetary fines, additional and further injunctive remedies, imprisonment, and/or referral of those matters to the relevant law enforcement or other agencies. Plaintiff shall recover his reasonable attorneys' fees and costs for any proceedings in which such violations of the above injunctions have been determined to have occurred.

IT IS SO ORDERED.

"Immediate relatives" includes children, spouses, common-law spouses, and parents.
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[PROPOSED] ORDER GRANTING PLAINTIFF MAKHAN SINGH'S PRAYER FOR INJUNCTIVE RELIEF Case No. C 02-1130 CRB (EMC)

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Dated: ___________________________

____________________________________ CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER GRANTING PLAINTIFF MAKHAN SINGH'S PRAYER FOR INJUNCTIVE RELIEF Case No. C 02-1130 CRB (EMC)