Khonsari v. Solis

Filing 8

ORDER Denying 7 Motion for Preliminary Injunction; Setting Hearing and Briefing Schedule on Motion for Exemption.The Court sets a hearing on Plaintiffs motion for an exemption for August 2, 2011 at 3:30 p.m. The Secretary of Labor and any other off icial copied on this Order may file a response to Plaintiff's motion on or before July 18, 2011. Plaintiff may file a reply on or before July 27, 2011. Signed by Judge Barry Ted Moskowitz on 6/28/11. (All non-registered users served via U.S. Mail Service; Certified Copies sent to Hilda Solis, Secretary of Labor, Laura E. Duffy, United States Attorney,Kamala D. Harris, California Attorney General, and Bonnie M. Dumanis, District Attorney. )(ecs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TARANEH L. KHONSARI,

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Case No. 11cv1221 BTM(CAB)
Plaintiff,

ORDER DENYING MOTION FOR
PRELIMINARY INJUNCTION;
SETTING HEARING AND BRIEFING
SCHEDULE ON MOTION FOR
EXEMPTION

v.
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SECRETARY OF LABOR, HILDA
SOLIS,
Defendant.

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On June 3, 2011, Plaintiff commenced this action by filing a motion for an exemption

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from the statutory bar to union employment set forth in 29 U.S.C. § 504(a). On June 21,

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2011, the Court received a motion for preliminary injunction from Plaintiff. Upon review of

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the motion, it is apparent that Plaintiff seeks the ultimate relief of exemption from the

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statutory bar, not injunctive relief. The case upon which Plaintiff relies, Claudio v. United

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States Dept. of Labor, 137 F. Supp. 2d 405 (S.D.N.Y. Apr. 5, 2001), is distinguishable. In

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that case, the plaintiff was already working for the union, and the union sought to preliminarily

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enjoin enforcement of the bar to allow plaintiff to continue working for the union until the

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Court reached a final decision. Here, Plaintiff does not already work for the union, but,

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rather, wishes to be considered for employment by the union. Because injunctive relief is not

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the proper form of relief here, the Court DENIES Plaintiff’s motion for preliminary injunction.

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The Court sets a hearing on Plaintiff’s motion for an exemption for August 2, 2011

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at 3:30 p.m. The Secretary of Labor and any other official copied on this Order may file a

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response to Plaintiff’s motion on or before July 18, 2011. Plaintiff may file a reply on or
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11cv1221 BTM(CAB)

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before July 27, 2011.

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IT IS SO ORDERED.

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DATED: June 28, 2011
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Honorable Barry Ted Moskowitz
United States District Judge

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Certified copies to be sent to:
Hilda Solis, Secretary of Labor
United States Department of Labor
200 Constitution Avenue, N.W.
Washington, D.C., 20210

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Laura E. Duffy, United States Attorney
United States Attorney’s Office, Southern District of California
880 Front Street, Room 6293
San Diego, CA 92101
Kamala D. Harris, California Attorney General
Office of the Attorney General
110 West A Street, Suite 1100
San Diego, CA 92101

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Bonnie M. Dumanis, District Attorney
San Diego County District Attorney’s Office
330 West Broadway
San Diego, CA 92101

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11cv1221 BTM(CAB)