Perez v. McFarland

Filing 13

ORDER that Respondent Bryan A. McFarland shall comply with the subpoena issued by Karen Chaikin, Regional Administrator, Wage and Hour Division, dated December 14, 2015, and hereinafter described. On Wednesday, September 14, 2016, at 10:00 a.m. at th e United States Robert V. Denney Federal Building, 100 Centennial Mall North, #273, Lincoln, Nebraska 68508, Respondent shall appear and testify before Wesley D. Hays, Wage Hour Investigator, and produce the records, papers and documents set forth in the subpoena. Respondent shall deliver the following documents along with a representation listing the documents produced. If documents of the type requested do not exist, or are not in Respondents possession or control, Respondent shall so state in his representation. The Secretary has requested the following documents for the 3-year period immediately preceding service of the subpoena, unless otherwise specified. IT IS FURTHER ORDERED the Motion to Compel (Filing No. 1 ) is granted. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THOMAS E. PEREZ,
SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR,
Petitioner,
v.
BRYAN A. McFARLAND,
Respondent.

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Case No: 4:16CV3066

ORDER
Having considered the Petition to Enforce Subpoena and supporting documents filed by
Thomas E. Perez, Secretary of Labor, United States Department of Labor; Respondent having
been served with said Petition and supporting documents, and served with the Order of this Court
setting this matter for the Show Cause hearing to be held on August 22, 2016; Respondent
having failed to file a Response to the Petition to Enforce Subpoena as ordered by this Court; and
Respondent having failed to appear at the Show Cause hearing on August 22, 2016:
IT IS HEREBY ORDERED that Respondent Bryan A. McFarland shall comply with the
subpoena issued by Karen Chaikin, Regional Administrator, Wage and Hour Division, dated
December 14, 2015, and hereinafter described. On Wednesday, September 14, 2016, at 10:00
a.m. at the United States Robert V. Denney Federal Building, 100 Centennial Mall North, #273,
Lincoln, Nebraska 68508, Respondent shall appear and testify before Wesley D. Hays, Wage
Hour Investigator, and produce the records, papers and documents set forth in the subpoena.
Respondent shall deliver the following documents along with a representation listing the
documents produced. If documents of the type requested do not exist, or are not in Respondent’s
possession or control, Respondent shall so state in his representation. The Secretary has
requested the following documents for the 3-year period immediately preceding service of the

subpoena, unless otherwise specified:
1. All documents identifying the names and addresses of all owners, corporate officers
and managers and their percentage of ownership of Mo Chara, LLC/Cereus
Snowbirds, LLC and any and all of the seven (7) establishments.
2. All documents showing the names and addresses of all other businesses that are
partially and/or fully owned by any of the owners of Mo Chara, LLC/Cereus
Snowbirds, LLC and the percentage of ownership.
3. All documents showing the total dollar volume of sales or business and the total
volume of goods purchased or received by Bryan McFarland and/or Mo Chara,
LLC/Cereus Snowbirds, LLC for 2012, 2013 and 2014 for each of the locations, such
as tax returns, balance sheets, and/or purchase orders.
4. All documents showing a record of daily food sales per day by Mo Chara,
LLC/Cereus Snowbirds, LLC at each of the seven (7) establishments for the period
beginning July 1, 2012 through the present.
5. All documents showing a record of daily food sales per each person employed, hired,
utilized or retained as a server by Mo Chara, LLC/Cereus Snowbirds, LLC at each of
the seven (7) establishments for the period beginning July 1, 2012 through the
present.
6. All documents showing the name in full, as used for Social Security recordkeeping
purposes, and last known addresses and telephone numbers of each person employed,
hired, utilized or retained by and/or who worked for Bryan McFarland and/or Mo
Chara, LLC/Cereus Snowbirds, LLC for the period beginning June 1, 2012 through
the present, broken down for each of the seven (7) establishments.
7. All documents showing the rate of pay per individual per pay period and any changes
and applicable date(s) to their rates of pay by indicating the monetary amount paid on
a per hour, per day, per week, per piece, commission on sales, or other basis for each
person employed, hired, utilized or retained by and/or who worked for Bryan
McFarland and/or Mo Chara, LLC/Cereus Snowbirds, LLC for the period July 1,
2012 through the present.
8. All documents showing the hours worked each workday and total hours worked each
workweek for each person employed, hired, utilized or retained by and/or who
worked for Bryan McFarland and/or Mo Chara, LLC/Cereus Snowbirds, LLC for the
period July 1, 2012 through the present, such as payroll records, pay stubs, and time
cards.
9. All documents showing the total gross wages paid per pay period, tips claimed per
pay period for each person employed, hired, utilized or retained by and/or who
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worked for Bryan McFarland and/or Mo Chara, LLC/Cereus Snowbirds, LLC for the
period July 1, 2012 through the present.
10. All documents supporting any tip credit taken by the employer for each person
employed, hired, utilized or retained by and/or who worked for Bryan McFarland
and/or Mo Chara, LLC/Cereus Snowbirds, LLC for the period July 1, 2012 through
the present, including documents of the amount of tips received and documents
describing any tip pooling arrangement.
11. All documents describing any tip pooling arrangement in effect at any time from
July 1, 2012 through the present at any and all of the seven (7) establishments.
12. All documents showing the record of any tips contributed to any tip pool by each
person employed, hired, utilized or retained by and/or who worked for Bryan
McFarland and/or Mo Chara, LLC/Cereus Snowbirds, LLC for the period July 1,
2012 through the present at any and all of the seven (7) establishments.
IT IS FURTHER ORDERED the Motion to Compel (Filing No. 1) is granted.
Dated this 23rd day of August, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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