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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 SOUTHERN DISTRICT OF CALIFORNIA 7 8 TARANEH L. KHONSARI, 9 Case No. 11cv1221 BTM(CAB) Plaintiff, ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION; SETTING HEARING AND BRIEFING SCHEDULE ON MOTION FOR EXEMPTION v. 10 11 12 SECRETARY OF LABOR, HILDA SOLIS, Defendant. 13 14 On June 3, 2011, Plaintiff commenced this action by filing a motion for an exemption 15 from the statutory bar to union employment set forth in 29 U.S.C. § 504(a). On June 21, 16 2011, the Court received a motion for preliminary injunction from Plaintiff. Upon review of 17 the motion, it is apparent that Plaintiff seeks the ultimate relief of exemption from the 18 statutory bar, not injunctive relief. The case upon which Plaintiff relies, Claudio v. United 19 States Dept. of Labor, 137 F. Supp. 2d 405 (S.D.N.Y. Apr. 5, 2001), is distinguishable. In 20 that case, the plaintiff was already working for the union, and the union sought to preliminarily 21 enjoin enforcement of the bar to allow plaintiff to continue working for the union until the 22 Court reached a final decision. Here, Plaintiff does not already work for the union, but, 23 rather, wishes to be considered for employment by the union. Because injunctive relief is not 24 the proper form of relief here, the Court DENIES Plaintiff’s motion for preliminary injunction. 25 26 The Court sets a hearing on Plaintiff’s motion for an exemption for August 2, 2011 27 at 3:30 p.m. The Secretary of Labor and any other official copied on this Order may file a 28 response to Plaintiff’s motion on or before July 18, 2011. Plaintiff may file a reply on or 1 11cv1221 BTM(CAB) 1 before July 27, 2011. 2 IT IS SO ORDERED. 3 DATED: June 28, 2011 4 5 Honorable Barry Ted Moskowitz United States District Judge 6 7 8 9 10 11 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 12 13 14 15 16 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 17 18 19 Bonnie M. Dumanis, District Attorney San Diego County District Attorney’s Office 330 West Broadway San Diego, CA 92101 20 21 22 23 24 25 26 27 28 2 11cv1221 BTM(CAB)

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