Acosta v. Aimet Technologies, LLC

Filing 10

ORDER granting 9 Motion for Preliminary Injunction. Counsel is reminded to read the order in its entirety for critical deadlines and information. This preliminary injunction is to continue until further order of the Court. Signed by District Judge Louise Wood Flanagan on 10/27/2017. (Collins, S.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff, v. AIMET TECHNOLOGIES, LLC., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION FILE NO. 5:17-CV-442 (Injunction Requested) PRELIMINARY INJUNCTION 27th October This cause came on to be heard on the ______ day of ______________________, upon Plaintiff's Motion for a Preliminary Injunction, and the Court having considered the Complaint, the Declaration, and the Memorandum submitted in support of said Motion, it is ORDERED, ADJUDGED and DECREED that Defendant Aimet Technologies’s agents, servants, employees and all persons in active concert or participation with them are preliminarily enjoined during the pendency of this action, from violating the provisions of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq., hereinafter referred to as the Act, in any of the following manners: (1) They shall not violate the provisions of §§ 6 and 15(a)(2) of the Act by paying less than the minimum wage prescribed and they shall not violate the provisions of §§ 7 and 15(a)(2) of the Act by paying less than the overtime rate prescribed. (2) They shall not violate the provisions of § 15(a)(1) by (1) transporting, offering for transportation, shipping, delivering, or selling in commerce, or shipping, delivering or selling with knowledge that shipment or delivery or sale thereof in commerce is intended, certain goods in the production of which employees were employed in violation of Section 6 and 7 of the Act, to wit: the Case 5:17-cv-00442-FL Document 10 Filed 10/27/17 Page 1 of 2 inventory listed in Exhibit A to the Declaration of Roosevelt Westmoreland III, with this Exhibit being incorporated herein and made a part hereof, and any other goods which defendant knows in the production of which employees were employed in violation of Sections 6 and 7 of the Act. This preliminary injunction is to continue until further order of the Court. 27th October, 2017 Done and Ordered this ______ day of __________________. ________________________________ UNITED STATES DISTRICT JUDGE 2 Case 5:17-cv-00442-FL Document 10 Filed 10/27/17 Page 2 of 2

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