Solisv.Zion Delivery Serv., Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIANov 29, 2012
Case No: 2:12-cv-09956-GAF-MRW (C.D. Cal. Nov. 29, 2012)

Case No: 2:12-cv-09956-GAF-MRW

11-29-2012

HILDA L. SOLIS, Secretary of Labor, United States Department of Labor, Petitioner, v. ZION DELIVERY SERVICE, INC. dba ZDS EXPRESS COURIERS, Respondent

Janet Herold Regional Solicitor Daniel J. Chasek Associate Regional Solicitor NATALIE NARDECCHIA Attorney (CSBN 246486) Office of the Solicitor (sol# 1300013) United States Department of Labor Attorneys or the Petitioner


Janet Herold
Regional Solicitor
Daniel J. Chasek
Associate Regional Solicitor
NATALIE NARDECCHIA
Attorney (CSBN 246486)
Office of the Solicitor (sol# 1300013)
United States Department of Labor
Attorneys or the Petitioner

[PROPOSED] ORDER TO SHOW

CAUSE


On Secretary of Labor's Petition to

Enforce Administrative Subpoena

Duces Tecum

Petitioner, Hilda L. Solis, Secretary of Labor, United States Department of Labor ("Petitioner" or the "Secretary"), has applied to this Court for an Order requiring Respondent Zion Delivery Service, Inc. dba ZDS Express Couriers ("Respondent") to produce the records, papers and documents set forth in a subpoena duces tecum issued by the Regional Administrator, Wage and Hour Division, U.S. Department of Labor, and duly served upon Respondent. Having considered the matters set forth in the Petitioner's pleadings (see Doc. 1), it is hereby

ORDERED that Respondent appear and SHOW CAUSE, if any there be, why Respondent should not be ordered by this Court to comply with the subpoena duces tecum issued to Respondent by the Regional Administrator, Wage and Hour Division, U.S. Department of Labor; and it is further

ORDERED that Respondent serve and file with the Clerk of this Court, no later than 12/10/12 a response to the Petition, specifically admitting or denying each allegation of the Petition, and setting forth the cause, if any there be, why the Petition should not be granted; and it is further

ORDERED that Respondent appear at a hearing to be held on the Petition on 12/19/12, at 9:30 a.m., Courtroom Number 740, located at the United States Federal Courthouse, 312 N. Spring Street, Second Floor, Los Angeles, California 90012

ORDERED that an Investigator from the Wage and Hour Division, U.S. Department of Labor, shall forthwith serve copies of this Order to Show Cause and a copy of the Petition and supporting documents on Respondent; and it is further

ORDERED that the statute of limitations is tolled as of August 17, 2012, the first date of the investigation of Respondent by the Wage and Hour Division, until the Secretary notifies the Court that Respondent has complied with the subpoena duces tecum.

_____________


The Hon.


United States District Judge
Presented by: M. PATRICIA SMITH
Solicitor of Labor
JANET HEROLD
Regional Solicitor
DANIEL J. CHASEK
Associate Regional Solicitor
_____________
NATALIE A. NARDECCHIA, Attorney
Attorneys for the Petitioner, U.S. Department of Labor