Solis v. Garden City, Inc.

Filing 3

ORDER TO SHOW CAUSE Re: Enforcement of Administrative Subpoena. Order to Show Cause Hearing set for 4/23/2013 at 10:00 AM in Courtroom No. 2, Fifth Floor, United States District Court, 280 South First Street, San Jose, California. Signed by Magistrate Judge Howard R. Lloyd on February 20, 2013. (hrllc1, COURT STAFF) (Filed on 2/20/2013)

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*E-FILED: February 20, 2013* 1 2 3 4 5 NOT FOR CITATION 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 For the Northern District of California United States District Court 10 HILDA L. SOLIS, Secretary of Labor, United States Department of Labor Petitioner, 11 No. C13-00325 HRL ORDER TO SHOW CAUSE RE: ENFORCEMENT OF ADMINISTRATIVE SUBPOENA v. 12 13 GARDEN CITY, INC., dba CASINO M8TRIX, a corporation, 14 Respondent. ____________________________________/ 15 16 17 Good cause having been shown by the petitioners upon the petition filed in the aboveentitled proceeding on January 23, 2013, IT IS ORDERED that: 18 19 1. Respondent Garden City, Inc., dba Casino M8trix shall appear before this court on 20 April 23, 2013 at 10:00 a.m. in Courtroom No. 2, Fifth Floor, United States District Court, 280 21 South First Street, San Jose, California, and then and there show cause, if any, why respondent 22 should not be compelled to appear and provide documents and testimony as required by the 23 subpoena duces tecum served upon respondent as alleged and set forth in the petition. 24 25 2. Petitioners shall serve a copy of this Order to Show Cause, together with a copy 26 of the petition, upon respondent in accordance with Rule 4 of the Federal Rules of Civil 27 Procedure at least thirty-five (35) days before the return date of this order specified above. 28 1 2 3 3. On or before April 2, 2013, respondent may file and serve a written response to the petition, supported by appropriate affidavit(s) or declaration(s) in conformance with 28 U.S.C. § 1746, as well as any motion respondent desires to make. 4 5 4. On or before April 9, 2013, petitioners may file and serve a written reply to such 6 response, if any. 7 5. 8 9 All motions and issues raised by the pleadings will be considered on the return date of this order, and only those issues raised by motion or brought into controversy by the responsive pleadings and supported by affidavit(s) or declaration(s) will be considered at the return of this For the Northern District of California United States District Court 10 11 12 order. Any uncontested allegation in the pleading will be considered admitted. 6. The parties are reminded that this civil case has been randomly assigned to a 13 magistrate judge for all purposes including trial. Accordingly, the parties shall, no later than 14 April 16, 2013, file either (1) a Consent to Proceed before a United States Magistrate Judge or (2) 15 a Declination to Proceed before a Magistrate Judge and Request for Reassignment to a United States 16 17 District Judge. See N.D. Cal. Civ. R. 73-1. The consent and declination forms are available at the 18 Clerk’s Office and may also be obtained from the court’s website at http://www.cand.uscourts.gov. 19 Dated: February 20, 2013 20 21 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2 1 C13-00325 HRL Order will be electronically mailed to: 2 Benjamin Richard Botts botts.benjamin.r@dol.gov 3 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court’s CM/ECF program. 4 5 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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