Stewart v. G&J Pizzeria 2, LLC
Filing
17
ORDER. IT IS THEREFORE ORDERED that the Motion to Compel is DISMISSED with prejudice, with each party to bear its own costs and fees, including attorney's fees. So ordered. G&J Pizzeria 2, LLC terminated. (Signed by Judge Alison J. Nathan on 4/26/2021) (rjm)
Case 1:21-mc-00247-AJN Document 16-1 Filed 04/23/21 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------MARTIN J. WALSH,1 Secretary of Labor, United :
States Department of Labor,
:
Petitioner,
:
v.
Case No. 1:21-mc-00247-AJN
:
G&J’S PIZZERIA 2, LLC,
:
Respondent.
:
------------------------------------------------------------
4/27/2021
PROPOSED ORDER
WHEREAS on February 12, 2021, the U.S. Department of Labor, Occupational Safety and
Health Administration (“OSHA”) issued an administrative subpoena duces tecum (the
“Subpoena”) to Respondent G&J Pizzeria 2, LLC, (“G&J”);
WHEREAS on March 16, 2021, Milton Al Stewart, Acting Secretary of Labor, United
States Department of Labor (the “Acting Secretary”) filed the Motion to Compel Compliance with
Administrative Subpoena Duces Tecum (the “Motion to Compel”);
WHEREAS G&J subsequently provided information to OSHA related to the Subpoena
requests; and
WHEREAS the Secretary made several requests to G&J to join us in filing this Proposed
Order, to which we received no response; and
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Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Secretary of Labor Al Stewart is automatically
substituted as Petitioner.
Case 1:21-mc-00247-AJN Document 16-1 Filed 04/23/21 Page 2 of 3
WHEREAS the Secretary respectfully submits that, having now obtained information
needed from G&J in order to complete OSHA’s inspection, he no longer wishes to pursue the
Motion to Compel;
IT IS THEREFORE ORDERED that the Motion to Compel is DISMISSED with prejudice,
with each party to bear its own costs and fees, including attorney’s fees.
2
Case 1:21-mc-00247-AJN Document 16-1 Filed 04/23/21 Page 3 of 3
SO ORDERED:
__________________________________
ALISON J. NATHAN
UNITED STATES DISTRICT JUDGE
DATED:
April 26, 2021
_______________________
Entry of this Order is hereby consented to:
ELENA S. GOLDSTEIN
Deputy Solicitor of Labor
JEFFREY S. ROGOFF
Regional Solicitor
By:
MATTHEW M. SULLIVAN
Senior Trial Attorney
U.S. Department of Labor
201 Varick Street, Room 983
New York, NY 10014
Attorneys for Martin J. Walsh
Secretary of Labor
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