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)

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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 1 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 3

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