National Labor Relations Board v. Hotel Management Advisors - Troy, LLC

Filing 4

ORDER. Signed by Magistrate Judge R. Steven Whalen. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
NATIONAL LABOR RELATIONS
BOARD,
CIVIL ACTION NO. 13-50651
Applicant,
DISTRICT JUDGE ARTHUR J. TARNOW
v.
MAGISTRATE JUDGE R. STEVEN WHALEN
PARK AVENUE INVESTMENT
ADVISOR, LLC,
Respondent.
_________________________________/
ORDER
Upon consideration of the Application for Order Enforcing Subpoena Duces Tecum
pursuant to Section 11 of the National Labor Relations Act, 29 U.S.C. §161, I find that:
a.

The National Labor Relations Board’s (Board) issuance of a
subpoena duces tecum to procure evidence for the purpose of
securing compliance with a Decision and Order and an Order
mandate of the United States Court of Appeals for the Sixth
Circuit, is within the lawful jurisdiction of the government
authority seeking signed sworn testimony and documents
covered by the subpoena duces tecum;

b.

There is reason to believe that the testimony being sought is
relevant to a legitimate law enforcement inquiry; and

c.

There is reason to believe that Respondent’s refusal to provide
the signed sworn testimony and documents being sought will
impede the unfair labor practice compliance proceeding in

Case 7-CA-060921 before the Board and is preventing the
Board from carrying out its duties and functions under the Act.
Wherefore, it is ORDERED that Respondent shall comply with the Board subpoena
No. B-708743 and appear before the Board to provide all the subpoenaed documents and
signed sworn testimony.
IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Date: May 14, 2013

I hereby certify that a copy of this order has been sent to parties of record on May 15, 2013,
electronically and/or by U.S. mail.
s/Michael Williams
Relief Case Manager for the Honorable
R. Steven Whalen