Equal Employment Opportunity Commission v. Peter's Bakery

Filing 159

ORDER TO SHOW CAUSE RE: CONTEMPT; AND DENYING PLAINTIFF'S REQUEST FOR STAY (addressing 154 ). Order to Show Cause Hearing set for 1/7/2016 09:00 AM. Show Cause Response due by 12:00 p.m. 1/4/2016. Reply due by 12:00 p.m. 1/6/2016. (blflc1S, COURT STAFF) (Filed on 12/24/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,

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United States District Court
Northern District of California

ORDER TO SHOW CAUSE RE:
CONTEMPT; AND DENYING
PLAINTIFF'S REQUEST FOR STAY

v.

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Case No. 13-cv-04507-BLF

PETERS' BAKERY,

[Re: ECF 154]

Defendant.

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To DEFENDANT PETERS’ BAKERY:

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YOU ARE HEREBY ORDERED to appear on January 7, 2016, at 9:00 a.m., in the

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courtroom of the Honorable Beth Labson Freeman, located at 280 South 1st Street, San Jose, CA

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95113, to show cause, if any you have, why you should not be adjudged in contempt of court for

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disobeying the Order issued by this Court on July 22, 2015, which provided that “Defendant is

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ENJOINED from terminating Ms. [Marcela] Ramirez’s employment pending resolution of this

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lawsuit or until further order of the Court,” by instructing Ms. Ramirez’s supervisor to remove Ms.

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Ramirez from the work schedule and not schedule her for any employment shifts after December

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31, 2015.

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Defendant shall file a written response to the Order to Show Cause on or before 12:00 p.m.
on January 4, 2016. Plaintiff may file a reply on or before 12:00 p.m. on January 6, 2016.

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If Defendant is found in contempt of the Court’s prior preliminary injunction order,

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Defendant may be sanctioned up to $1,000 per day in addition to any back pay lost by Ms.

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Ramirez.

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Plaintiff’s request for a stay is DENIED. The legal remedy of back pay is adequate to

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compensate Plaintiff for any lost hours.

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IT IS SO ORDERED.

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Dated: December 24, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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