Acosta v. Shingal et al

Filing 6

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 11/14/2017, 10:00 AM. Show Cause Response due by 10/24/2017. Reply, if any, due by 10/31/2017. Signed by Magistrate Judge Howard R. Lloyd on 10/5/2017. (hrllc3S, COURT STAFF) (Filed on 10/5/2017)

E-filed 10/5/2017

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JANET HEROLD
Regional Solicitor
SUSAN SELETSKY
Chief Counsel for FLSA Litigation
ANDREW J. SCHULTZ
Senior Trial Attorney (Cal. # 237231)

DAVID EDELI,

Trial Attorney (Cal. # 288536)

Office of the Solicitor
United States Department of Labor
90 7TH Street, Suite 3-700
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for the Petitioner
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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R. Alexander Acosta, Secretary of Labor,
United States Department of Labor,

)
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Petitioner,
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v.
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MIRA SHINGAL, aka Myra Shingal, AJAY )
SHINGAL, APEX GLOBAL
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INTERNATIONAL, INC., DELTA HOTEL )
GROUP, L.P., SAI RAM HOSPITALITY
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GROUP, INC., SAI RAM HOTEL GROUP, )
INC., SILICON VALLEY INTERNATIONAL,)
INC., STARLIGHT MANAGEMENT
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GROUP, INC., STERLING
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INTERNATIONAL GROUP, LLC, aka Ster- )
ling International Group, Inc., SYMBIAN
)
INTERNATIONAL, INC.,
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Respondents.
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Case No.:

(PROPOSED) ORDER TO SHOW
CAUSE

On Secretary of Labor’s Petition to
Enforce Administrative Subpoena
Duces Tecum (29 U.S.C § 209)

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Petitioner, R. Alexander Acosta, Secretary of Labor, United States Department of

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Labor, has applied to this Court for an Order requiring Mira Shingal; Ajay Shingal;

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Apex Global International, Inc.; Delta Hotel Group, L.P; SAI RAM Hospitality Group

Proposed Order

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Inc.; SAI RAM Hotel Group, Inc.; Silicon Valley International, Inc.; Starlight Manage-

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ment Group, Inc.; Sterling International Group, LLC; and Symbian International, Inc.

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(collectively, “Respondents”) to produce the records, papers and documents set forth in a

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subpoenas duces tecum issued by the Regional Administrator, Wage and Hour Division,

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U.S. Department of Labor, and duly served upon the Respondents. Having considered

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the matters set forth in the Petitioner’s pleadings herein, it is hereby

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ORDERED that Respondents appear and SHOW CAUSE, if any there be, why the

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Respondent should not be ordered by this Court to comply with the subpoenas duces te-

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cum issued to the Respondents by the Regional Administrator, Wage and Hour Division,

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U.S. Department of Labor; and it is further
ORDERED that Respondent serve and file with the Clerk of this Court, no later

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October 24
2017
than ___________________________, _____, a response to the Petition, specifically

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admitting or denying each allegation of the Petition, and setting forth the cause, if any

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there be, why the Petition should not be granted; and it is further

Petitioner's reply, if any, is due October
31, 2017.

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ORDERED that the Respondent appear at a hearing to be held on the Petition on

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November 14, 2017
10:00 AM
______________________________, at ___________________ o’clock, in courtroom

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2, Fifth Floor
number _____________________, located at __________________________________

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_____________________________; and it is further

280 S. 1st Street, San Jose CA

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ORDERED that the running of the applicable statute of limitations is tolled from

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February 17, 2017, until such time as the Petitioner notifies this Court that Respondents

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have complied with the administrative subpoenas and this Order; and it is further

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ORDERED that an Investigator from the Wage and Hour Division, U.S. Depart-

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ment of Labor, shall forthwith serve copies of this Order to Show Cause and a copy of

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the Petition and supporting documents on Respondents.

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October 5
Dated: __________________, 2017

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Presented by:

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United States District Court Judge
Magistrate Judge Howard R. Lloyd

NICHOLAS C. GEALE
Acting Solicitor of Labor

Proposed Order

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JANET M. HEROLD
Regional Solicitor

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SUSAN SELETSKY
Chief Counsel for FLSA Litigation
ANDREW SCHULTZ
Senior Trial Attorney

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/s/ David Edeli
DAVID EDELI
Trial Attorney
Attorneys for Petitioner Secretary of Labor,
United States Department of Labor

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Proposed Order

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Pet. to Enf. Adm. Subpoena – Proposed Order

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