Acosta v. Hitchings

Filing 3

ORDER granting 1 Motion. 1. Respondent John Hitchings is hereby ORDERED to appear at the Syracuse office of the Wage and Hours Division, United States Department of Labor, 100 South Clinton Street Room 1373, on a date and a time set by th e Employee Benefits Security Administration (EBSA). That date shall be within ten (10) days of the date of this Order; 2. Respondent shall appear at the time and place to testify specified by the Petitioner and produce documents in compliance with the administrativesubpoena issued by EBSA on February 14, 2019; 3. Respondent shall appear and comply with the subpoena and cease his disobedience and resistance to that subpoena or be subject to sanctions f or contempt of court; and 4. The applicable statute of limitations is hereby TOLLED from March 15, 2019 until the date that Respondent fully complies with the administrative subpoena. The Petitioner shall promptly notify the Court when Respondent complies. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 9/20/2019. (khr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
R. ALEXANDER ACOSTA, Secretary of Labor,
United States Department of Labor
Petitioner,
vs.

3:19-MC-25
(TJM/TWD)

JOHN HITCHINGS, individually and as Trustee
of John Hitchings 401k Profit Sharing Plan &
Trust,
Respondent.
___________________________________________
Thomas J. McAvoy,
Sr. U.S. District Judge

ORDER
Upon consideration of the Secretary of Labor’s Petition to Enforce an Administrative
Subpoena, and the submissions therein, and for good cause shown, the Secretary’s
Petition, dkt. # 1, is hereby GRANTED. Accordingly:
1.

Respondent John Hitchings is hereby ORDERED to appear at the Syracuse
office of the Wage and Hours Division, United States Department of Labor,
100 South Clinton Street Room 1373, on a date and a time set by the
Employee Benefits Security Administration (“EBSA”). That date shall be
within ten (10) days of the date of this Order;

2.

Respondent shall appear at the time and place to testify specified by the
Petitioner and produce documents in compliance with the administrative
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subpoena issued by EBSA on February 14, 2019;
3.

Respondent shall appear and comply with the subpoena and cease his
disobedience and resistance to that subpoena or be subject to sanctions f or
contempt of court; and

4.

The applicable statute of limitations is hereby TOLLED from March 15, 2019
until the date that Respondent fully complies with the administrative
subpoena. The Petitioner shall promptly notify the Court when Respondent
complies.

IT IS SO ORDERED.
Dated: September 20, 2019

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