Solis v. CSG Workforce Partners et al

Filing 27

ORDER ADOPTING 19 and 24 REPORT AND RECOMMENDATIONS: Respondents are to provide the information required by the Petitioner no later than 30 days from the date of this Order; denying 11 Motion to Dismiss for Failure to State a Claim; denying 11 Motion to Stay. Magistrate Judge David Nuffer no longer assigned to case - CASE CLOSED. Signed by Judge Tena Campbell on 2/1/12 (alt)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

HILDA SOLIS, SECRETARY OF LABOR
FOR THE UNITED STATES
DEPARTMENT OF LABOR,
Petitioner,

ORDER

vs.

CSG WORKFORCE PARTNERS LLC, et
al.,

Case No. 2:11-CV-903-TC

Respondents.

This administrative subpoena enforcement action was referred to United States
Magistrate Judge David Nuffer under 28 U.S.C. § 636(b)(1)(B), to review (1) Secretary of Labor
Hilda Solis’s Petition to Enforce Administrative Subpoena pursuant to 29 C.F.R. § 209,1
including whether Respondents have shown cause for failure to comply with the Subpoena;2 and
(2) Respondents’ Motion to Dismiss or in the Alternative to Stay.3 Judge Nuffer issued a Report
& Recommendation (R&R) for each of the two subjects.4 Respondents objected to both R&Rs.5

1

Docket No. 2.

2

See Sept. 28, 2011 Order to Show Cause (Docket No. 6).

3

Docket No. 11.

4

Docket Nos. 19 and 24.

5

See Docket Nos. 22 and 25.

Petitioner filed a response in support of Judge Nuffer’s recommendations.6
Under 28 U.S.C. § 636(b)(1), this court reviews de novo the proposed findings, legal
conclusions, and recommendations to which Respondents have objected. The court has reviewed
all relevant pleadings and case law, and finds that Judge Nuffer’s factual findings and legal
conclusions are correct. Accordingly, the court hereby ADOPTS Judge Nuffer’s November 2,
2011 Report & Recommendation7 and Judge Nuffer’s December 20, 2011 Report &
Recommendation8 as the ORDER OF THIS COURT.
To reiterate:
1.

Respondents have failed to show cause why they should not be compelled to

comply with Petitioner’s subpoena.
2.

Respondents are ORDERED to provide the information required by the Petitioner

no later than 30 days from the date of this Order.
3.

The running of the applicable statute of limitations is tolled from September 16,

2011 (the date the documents were due to be produced pursuant to the Subpoena), until such time
as Petitioner notifies the District Court that Respondents have complied with the District Court’s
order enforcing the subpoena.
4.

Respondents’ Motion to Dismiss or in the Alternative to Stay (Docket No. 11) is

DENIED.

6

See Docket No. 26.

7

Docket No. 19.

8

Docket No. 24.
2

5.

The Clerk of the Court is hereby directed to close the above-captioned matter.

ORDERED this 1st day of February, 2012.
BY THE COURT:

TENA CAMPBELL
U.S. District Court Judge

3