Perez v. Sandpoint Gas N Go & Lube Center, Inc. et al

Filing 56

AMENDED ORDER re 54 Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

THOMAS E. PEREZ, SECRETARY OF
LABOR, UNITED STATES
DEPARTMENT OF LABOR,

Case No. 2:14-cv-00357-BLW
AMENDED ORDER

Plaintiff,
v.
SANDPOINT GAS N GO & LUBE
CENTER, INC., an Idaho corporation;
and SYDNEY M. OSKOUI, an
individual,
Defendants.

The Court enters this Amended Order to clarify the date of the hearing. In his
motion, Defendant asked to vacate the “September 25” hearing. The Court denied the
motion. The hearing is actually scheduled for September 24. Accordingly, the Court
enters this Amended Order to clarify that point, and to note that if the Court does not
grant a renewed motion to vacate, the hearing will proceed on September 24, 2015, not
September 25, 2015. The remainder of this Order is as was stated in the earlier Order.

RESTITUTION ORDER - 1

The Court has before it Defendant Oskoui’s Motion to Vacate Hearing Set for
September 25th, 2015, and Motion to Shorten Time (Dkt. 51). Defendant asks the Court
to vacate the hearing because he will be out of the state on the day of the hearing, and for
an additional week “depending on the medical condition of his family member.” Motion
to Vacate, p.1, Dkt. 51. The only specific information Defendant gives about his absence
is that it would be prejudicial for him “to cancel a trip for medical purposes, in which
doctors and staff are waiting for his appearance and his wife in support.” Motion to
Vacate, p. 4, Dkt. 51.
As is this Court’s typical practice, the Court will only vacate a hearing for medical
reasons if the Court is presented with specific information about why the medical
condition prevents attendance at the hearing, including a doctor’s note. Accordingly, the
Court will deny the motion with leave to re-file.
IT IS SO ORDERED.
1. Defendant Oskoui’s Motion to Vacate Hearing Set for September 25th, 2015,
and Motion to Shorten Time (Dkt. 51) is DENIED WITHOUT PREJUDICE.
Defendant may re-file a motion to vacate the hearing, no later than Monday,
September 21, 2015. The motion shall include more specific information
about the medical condition and why it prevents Defendant’s appearance at the
hearing. The motion shall include where the Defendant intends to be on the
date of the hearing – not just “out of state.” And the motion shall include a
doctor’s note about the medical condition and why it prevents Defendant from
attending the September 24, 2015 hearing. Defendant may file the motion and
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doctor’s note ex parte and under seal if he believes the information is
medically confidential.

DATED: September 16, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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