Walsh v. Superior Ventures Unlimited, LLC

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION 16 , Granting 11 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JULIE A. SU, acting Secretary of Labor,
Petitioner,
-vSUPERIOR VENTURES UNLIMITED, LLC,
D/B/A/ SUBWAY,
Respondent.

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No. 1:23-mc-19
Honorable Paul L. Maloney

ORDER ADOPTING REPORT AND RECOMMENDATION
The Department of Labor is investigating whether Superior Ventures Unlimited has
complied with the Fair Labor Standards Act. The Secretary of Labor initiated this lawsuit
by filing a motion to enforce an administrative subpoena (ECF No. 1). The Secretary has
also filed a motion for civil contempt of Superior Ventures and its owner, Miranda BarajasBrazil (ECF No. 11). The Magistrate Judge issued a report recommending, among other
things, that the Court grant the motion to hold Superior Ventures and its owner in civil
contempt. (ECF No. 16). The Magistrate Judge ordered service of the motion for contempt
and of the report and recommendation (ECF No. 17). The United States Marshal filed
proof of service (ECF No. 18).
After being served with a report and recommendation (R&R) issued by a magistrate
judge, a party has fourteen days to file written objections to the proposed findings and
recommendations. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). When a party fails to
timely object, that party accepts the findings in the report and a district court may adopt the

proposed findings and recommendations without further review. See Thomas v. Arn, 474
U.S. 140, 149-50 (1985).
To date no objections have been filed. The time to file objections has expired.
Accordingly, the Court ADOPTS the Report and Recommendation.
1.

The Court GRANTS the Secretary’s Motion for Adjudication of Civil

Contempt against Superior Ventures Unlimited, LLC and its owner Miranda Barajas-Brazil
(ECF No. 11).
2. The Court HOLDS Superior Ventures Unlimited, LLC and Miranda BarajasBrazil in civil contempt of court for failing to comply with an administrative subpoena;
3. Superior Ventures Unlimited, LLC must produce all documents responsive to the
administrative subpoena within ten business days of the receipt of this Order. The U.S.
Marshal must serve Superior Ventures and its owner with this Order within seven days and
must timely file proof of service.
4. If Superior Ventures Unlimited, LLC and Miranda Barajas-Brazil do not comply
with this Order and purge their civil contempt, they must pay $250.00 per day for every day
they have failed to produce the documents. The financial obligation is imposed jointly and
severally. The financial obligation begins eleven days after service of this order by U.S.
Marshal and continues until they comply with this Order;

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5. The Court finds the statute of limitations in 29 U.S.C. § 255 tolled as of September
29, 2022, the date Superior Ventures Unlimited, LLC first failed to respond to the
administrative subpoena, for a period of ninety days after Superior Ventures has produced
all documents responsive to the administrative subpoena duces tecum.
IT IS SO ORDERED.
Date:

January 5, 2024

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge

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