US Dept of Labor (OSHA) v. T&T Offshore Inc

Filing 25

ORDER denying 5 MOTION, 8 MOTION to Quash Administrative Subpoena Case. The Court also inadvertently issued an order setting a scheduling conference in this matter. That order Dkt. 24 is WITHDRAWN. This docket is CLOSED. Case terminated on 3/20/18. (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION US DEPT OF LABOR (OSHA), Petitioner, VS. T&T OFFSHORE INC, Defendant. March 30, 2018 David J. Bradley, Clerk § § § § CIVIL ACTION NO. 3:18-CV-73 § § § § ORDER This application under 29 U.S.C. § 657(b) is before the Fifth Circuit on T&T Offshore, Inc.’s appeal from an order announced by the Court from the bench on March 16, 2018 that overruled T&T’s objections to OSHA’s administrative subpoena (Dkt. 11). See Fifth Circuit Docket Number 18-40251. The Fifth Circuit denied T&T’s request for a stay of this Court’s ruling enforcing the administrative subpoena and requested additional briefing on an issue related to the tolling of the six-month statute of limitations for issuing OSHA citations that is set out in 29 U.S.C. § 658(c) (Dkt. 22). OSHA then informed the Fifth Circuit that it was withdrawing its request that the statute of limitations be tolled. See Fifth Circuit Docket Number 18-40251, Response filed March 28, 2018. The District Clerk has informed the Court that, in order to expedite the transmission of the appellate record to the Fifth Circuit, the Court needs to administratively dispose of two motions that are still listed as pending. As the Court announced from the bench on March 16, 2018, T&T’s motion to dismiss under Federal 1/2 Rule of Civil Procedure 12(b)(5) and motion to quash OSHA’s administrative subpoena (Dkt. 5 and Dkt. 8) are DENIED. The Court also inadvertently issued an order setting a scheduling conference in this matter. That order (Dkt. 24) is WITHDRAWN. This docket is CLOSED. SIGNED at Galveston, Texas, this 30th day of March, 2018. ___________________________________ George C. Hanks Jr. United States District Judge 2/2

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