Acosta v. National Drywall, L.L.C.

Filing 2

ORDER for Respondent to file and serve a response to the 1 Petition no later than June 7, 2019 (Compliance due by 6/7/2019); Respondent shall appear at the Show Cause Hearing set for 6/11/2019 10:00 AM in Augusta - 2nd Floor before Chief Judge J. Randal Hall and show cause why the subpoena should not be enforced; Petitioner shall serve Respondent this Order, the 1 Petition, and the [1-1] Memorandum in Support thereof. Signed by Chief Judge J. Randal Hall on 05/24/2019. (jlh) Modified on 5/24/2019 (jlh).

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

R. ALEXANDER ACOSTA, Secretary *
of
Labor,
United
States *

Department of Labor,

*
*

Petitioner,

*
*

V.

*

MC 119-007

*

NATIONAL DRYWALL, L.L.C.,

*
*

Respondent.

*

ORDER

Before the Court is Petitioner's Petition for Enforcement of

Administrative

Subpoena Duces

Tecum

{"Petition").

(Doc.

1.)

Petitioner, in part, requests the Court enter an order requiring
Respondent to show cause why a certain subpoena duces tecum should
not be enforced.

On January 7, 2019, the Wage and Hour Division, Region IV, of
the

United

investigation

States
to

Department

determine

of

Labor

Respondent's

("WHD")

opened

coverage

under

an
and

compliance with the Fair Labor Standards Act of 1938, as amended,
29 U.S.C. §§ 201, et seq.

In pursuit thereof, on February 21,

2019, Betty R. Campbell, Acting Regional Administrator of WHD,
issued a subpoena duces tecum to Respondent pursuant to authority

granted to WHD by 29 U.S.C. §§ 209, 211.

(Doc. 1-2, Ex. A.)

Respondent was duly served with the subpoena but failed to comply

within the designated period.

(Id.

12, 13.)

Respondent has

also yet to respond to this Petition.
Upon due consideration, the Court HEREBY ORDERS as follows:
(1)

Respondent SHALL file and serve

its response to the

Petition no later than June 7, 2019;

(2)

Should Respondent file a response raising any objection
to the enforcement of the subpoena. Respondent SHALL
appear for a hearing on Tuesday, June 11, 2019, at 10:00
a.m.,

in

Courtroom

2

of

the

Federal

Justice

Center

located at 600 James Brown Boulevard, Augusta, Georgia,
30901, and SHOW CAUSE why the subpoena should not be
enforced; and

(3)

Petitioner SHALL serve Respondent, without delay, a copy
of this Order, the Petition on which this Order is based

(Doc. 1), and the memorandum in support thereof (Doc. 11).

The Court will address Petitioner's remaining requests for relief
after Respondent's time to show cause has expired.
ORDER ENTERED at Augusta, Georgia, this

of May,

2019.

J. RAND^ HALL, CHIEF JUDGE
riTED States district court
SOTtTHERN district of GEORGIA