Case: Walsh v. Paragon Contractors

Perez v. Paragon Contractors

Legal Defense Fund

COMPLAINT against Paragon Contractors, Brian Jessop, James Jessop (Fee Status: Waived), filed by Elaine L. Chao. Assigned to Judge Tena Campbell (rlr, ) (Entered: 08/23/2006)

MOTION for Preliminary Injunction filed by Plaintiff Elaine L. Chao. (rlr, ) (Entered: 08/23/2006)

MEMORANDUM in Support re 2 MOTION for Preliminary Injunction filed by Plaintiff Elaine L. Chao. (rlr, ) (Entered: 08/23/2006)

NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Ann M. Noble and Katherine Vigil, for Plaintiff Elaine L. Chao (rlr, ) (Entered: 08/23/2006)

MOTION/ORDER granting motion for Admission Pro Hac Vice of Katherine Vigil for Elaine L. Chao.Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Tena Campbell on 8/29/06 (alt) (Entered: 08/31/2006)

NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Telephone Conference set for 8/31/2006 at 2:00 PM in Room 230 before Judge Tena Campbell. (mjm) (Entered: 08/30/2006)

Minute Entry for proceedings held before Judge Tena Campbell: Telephone Conference held on 8/31/2006. The Court hears from cnsl. Dfts will file their opposing documents by 9/12/2006. An Evidentiary Hearing is set for 9/22/2006 at 2:30 PM in Room 230 before Judge Tena Campbell.. Attorney for Plaintiff: Katherine Vigil, Attorney for Defendant Keith Snow. Court Reporter: Mindy Powers.(mjm) (Entered: 09/05/2006)

Terminate Deadlines/Hearings

Deadlines/Hearings terminated. The hearing set for Friday, 9/22/2006 at 2:30 p.m. has been removed from Judge Campbell's calendar.(mjm)

STIPULATED PRELIMINARY INJUNCTION. Signed by Judge Tena Campbell on 9/19/06 (alt) (Entered: 09/20/2006)

WAIVER OF SERVICE Returned Executed filed by Elaine L. Chao as to Paragon Contractors Waiver sent on 9/13/2006, answer due 11/13/2006; Brian Jessop Waiver sent on 9/13/2006, answer due 11/13/2006; James Jessop Waiver sent on 9/13/2006, answer due 11/13/2006. (Vigil, Katherine) (Entered: 10/10/2006)

ANSWER to Complaint filed by Paragon Contractors, Brian Jessop and James Jessop.(Snow, Heath) Modified on 12/20/2006: added Jessop dfts as filers of this answer (alt) (Entered: 11/07/2006)

Terminate Deadlines/Hearings

Answer Deadlines terminated for Jessop defendants per Answer filed 11/7/06 (alt)

Modification of Docket: Error: Filer did not select all dfts as filers of the Answer. Correction: Added the Jessop dfts as parties filing the Answer and terminated their answer deadlines as fulfilled, re: 10 Answer to Complaint (alt) (Entered: 12/20/2006)

NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by email (alp))The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.htmlInitial Pretrial Conference set for 3/21/2007 02:00 PM in Room 477 before Magistrate Judge Paul M. Warner (alt) (Entered: 12/18/2006)

REPORT OF ATTORNEY PLANNING MEETING. (Snow, Heath) (Entered: 02/05/2007)

SCHEDULING ORDER: Initial Pretrial Conference vacated. Amended Pleadings due by 4/30/2007; Joinder of Parties due by 5/28/2007; Discovery due by 10/1/2007; Motions due by 10/30/2007; Final Pretrial Conference set for 3/10/2008 03:00 PM before Judge Tena Campbell; 2-3 Day Bench Trial set for 3/31/2008 08:30 AM before Judge Tena Campbell. Signed by Judge Paul M. Warner on 2/6/07 (alt) (Entered: 02/07/2007)

CERTIFICATE of Counsel of Service of Defendants' Initial Disclosures by Heath H. Snow for Defendants Paragon Contractors, Brian Jessop, James Jessop (Snow, Heath) (Entered: 03/13/2007)

CERTIFICATE OF SERVICE by Paragon Contractors, Brian Jessop, James Jessop of Defendant's First Set of Requests for Production of Documents, Defendant's First Set of Requests for Admission and Defendant's First Set of Interrogatories (Snow, Heath) (Entered: 04/16/2007)

CERTIFICATE OF SERVICE by Paragon Contractors, Brian Jessop, James Jessop on Notices of Depositions of D. Wayne Earp, Oran J. Peck, John Schiff and James Johnston (Snow, Heath) (Entered: 05/15/2007)

CERTIFICATE OF SERVICE by Paragon Contractors, Brian Jessop, James Jessop Defendant's First Supplemental Disclosures (Snow, Heath) (Entered: 06/06/2007)

CERTIFICATE OF SERVICE by Paragon Contractors Notice of Deposition of Rick Peterson (Snow, Heath) (Entered: 06/07/2007)

**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on Rick Peterson on 6/11/07, filed by Defendants Paragon Contractors, Brian Jessop, James Jessop (alt) (Entered: 07/11/2007)

CERTIFICATE OF SERVICE by Paragon Contractors Notice of Deposition (Snow, Heath) (Entered: 07/10/2007)

ERROR/HEATH SNOW HAS ALREADY ENTERED AN APPEARANCE IN THIS CASE - NOTICE of Appearance by Heath H. Snow on behalf of all defendants (Snow, Heath) Modified on 7/13/2007: error text added per Notice of Deficiency 23 (alt) (Entered: 07/13/2007)

NOTICE OF DEFICIENCY re: 22 Notice of Appearance. The document was e-filed by attorney other than the signing attorney and so the signing attorney has not properly appeared in this case. The court asks the signer of the original document to refile the pleading under his own login and create a proper appearance in the case. The new entry will receive a new document number on the docket (alt) (Entered: 07/13/2007)

NOTICE of Appearance by Stephen R. Schwendiman on behalf of all defendants (Schwendiman, Stephen) (Entered: 08/03/2007)

CERTIFICATE OF SERVICE by Paragon Contractors, Brian Jessop, James Jessop of Defendant's Request to Augment Discovery (Schwendiman, Stephen) (Entered: 10/03/2007)

PERMANENT INJUNCTION entered against dfts. Dfts shall pay civil money penatly to Dept. of Labor in amount of $5280.00 - CASE CLOSED. Signed by Judge Tena Campbell on 11/28/07 (alt) (Entered: 11/29/2007)

MOTION for Admission Pro Hac Vice of Karen E. Bobela (no registration fee required) filed by Plaintiff Elaine L. Chao. Attorney Amanda A. Berndt added to party Elaine L. Chao(pty:pla)(Berndt, Amanda) (Entered: 09/04/2015)

MOTION for Admission Pro Hac Vice of Alicia A. W. Truman (no registration fee required) filed by Plaintiff Elaine L. Chao. (Berndt, Amanda) (Entered: 09/04/2015)

MOTION for Admission Pro Hac Vice of Lydia Tzagoloff (no registration fee required) filed by Plaintiff Elaine L. Chao. (Berndt, Amanda) (Entered: 09/04/2015)

Plaintiff's MOTION to Enforce Judgment MOTION for Order to Show Cause and Memorandum in Support re Contempt filed by Plaintiff Elaine L. Chao. (Attachments: # 1 Exhibit) Attorney John K. Mangum added to party Elaine L. Chao(pty:pla)(Mangum, John). Added MOTION for Order to Show Cause and removed incorrectly added text on 9/9/2015 (alt) (Entered: 09/08/2015)

DOCKET TEXT ORDER granting 27 Motion for Admission Pro Hac Vice of Karen E. Bobela; granting 28 Motion for Admission Pro Hac Vice of Alicia A.W. Truman; granting 29 Motion for Admission Pro Hac Vice of Lydia Tzagoloff: all for Elaine L. Chao. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge Tena Campbell on 9/9/15 (docket text only - no attached document) (alt) (Entered: 09/09/2015)

Remark

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

Remark: no hard copy of 31 Order sent to non e-filing atty K. Vigil as there are other registered e-filing attys receiving notice at the same address (alt)

CERTIFICATE OF SERVICE by Elaine L. Chao re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause (Bobela, Karen) (Entered: 09/16/2015)

MOTION to Withdraw as Attorney and Memorandum in Support filed by Defendants Brian Jessop, Paragon Contractors. (Attachments: # 1 Exhibit Letter to Clients, # 2 Text of Proposed Order on Motion for Withdrawal of Counsel)(Schwendiman, Stephen) (Entered: 09/17/2015)

ORDER granting 33 Motion to Withdraw as Attorney. Attorneys Stephen R. Schwendiman and Heath H. Snow withdrawn from case for Paragon Contractors, Brian Jessop. Signed by Judge Tena Campbell on 9/29/15 (alt) (Entered: 09/29/2015)

NOTICE OF HEARING: (Notice generated by chambers) Status Conference set for 10/19/2015 at 11:00 AM in Rm 3.400 before Judge Tena Campbell. (cff) (Entered: 10/05/2015)

Remark: Copies of the notice setting this case for a status conference on 10/19/2015 at 11:00 a.m. mailed to Brian Jessop, 80 W. Utah Avenue, Hildale, UT 84784 and Paragon Contractors, 1065 W. Utah Avenue, Suite 3, Hildale, UT 84784 on 10/5/2015. (cff) Modified on 10/5/2015 to show correct mailing address for Paragon Contractors and verify envelope was addressed to the correct address. (cff) (Entered: 10/05/2015)

ORDER re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause: Status Conference set for 10/19/2015 at 11:00 AM in Rm 3.400 before Judge Tena Campbell. Signed by Judge Tena Campbell on 10/5/15 Court Address: 351 South West Temple, Salt Lake City, Utah (alt) (Entered: 10/05/2015)

Modification of Docket: Remark corrected to reflect correct address of Paragon Contractors. (cff) (Entered: 10/05/2015)

NOTICE of Appearance by Rick J Sutherland on behalf of Brian Jessop, Paragon Contractors (Sutherland, Rick) (Entered: 10/07/2015)

Mail Returned as Undeliverable. Unable to forward. Mail sent to Brian Jessop. (kpf) (Entered: 10/14/2015)

ORDER Setting Deadlines as to 30 MOTION for Order to Show Cause re Contempt. Motion/Evidentiary Hearing set for 1/25/2016 at 09:00 AM in Rm 3.400 before Judge Tena Campbell. Signed by Judge Tena Campbell on 10/19/15 (alt) (Entered: 10/19/2015)

Minute Entry for proceedings held before Judge Tena Campbell: Status Conference held on 10/19/2015. Counsel are present and the court discusses with them the present status of this case and the recent Motion to Enforce Judgment and Motion for Order to Show Cause filed by The Secretary of Labor. The court is aware that Mr. Sutherland has just entered an appearance for Paragon Contractors Corporation and Brian Jessop. After hearing from counsel, the court determines that in order to be fully briefed on all aspects of the claims, it will need an evidentiary hearing. The court sets a briefing schedule as follows: Defendants Paragon and Jessop shall have until 11/20/2015, to submit their memorandum opposing the Secretary of Labor's request that the court hold them in contempt. The Secretary has until 12/20/2015, to reply. The court sets an evidentiary hearing (two days possibly 3) for 9:00 a.m. on 1/25/2016. Attorney for Plaintiff: Karen Bobela, Attorney for Defendant: Rick Sutherland. Court Reporter: Ray Fenlon.(cff) (Entered: 10/20/2015)

Mail Returned as Undeliverable. Unable to forward. Mail sent to Brian Jessop as per document no. 37 . (kpf) (Entered: 10/22/2015)

NOTICE of Appearance by M. Christopher Moon on behalf of Brian Jessop, Paragon Contractors (Moon, M.) (Entered: 11/20/2015)

MEMORANDUM in Opposition re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Defendants Brian Jessop, Paragon Contractors. (Sutherland, Rick) (Entered: 11/20/2015)

REPLY to Response to Motion re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt and Objection to Defendant's Unsupported Factual Assertions filed by Plaintiff Elaine L. Chao. (Attachments: # 1 Exhibit Admin's Interpretation, # 2 Exhibit Jessop Transcript, # 3 Exhibit Barlow Transcript)(Bobela, Karen) (Entered: 12/22/2015)

MEMORANDUM in Opposition re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt (Defendants' Rebuttal Memorandum) filed by Defendants Brian Jessop, Paragon Contractors. (Sutherland, Rick) (Entered: 01/07/2016)

First MOTION for Reconsideration of Instruction to Submit Written Direct Examination filed by Plaintiff Elaine L. Chao. (Bobela, Karen) Modified on 1/11/2016: corrected motion relief and entry text (alt) (Entered: 01/09/2016)

NOTICE OF ERROR re 48 First MOTION for Hearing re Evidentiary Hearing. The document is not a Motion for Hearing, but a Motion for Reconsideration of Instruction and so should have been filed with the "Miscellaneous Relief" motion relief selected. The clerk will correct the entry by changing the motion relief to the correct relief. (alt) (Entered: 01/11/2016)

MEMORANDUM in Opposition re 48 First MOTION for Hearing re Evidentiary Hearing and Memorandum in Support Motion for Reconsideration of Instruction to Submit Written Direct Examination filed by Defendants Brian Jessop, Paragon Contractors. (Sutherland, Rick) (Entered: 01/11/2016)

ORDER granting in part and denying in part 48 Motion for Reconsideration of Instruction to Submit Direct Examination. Signed by Judge Tena Campbell on 1/11/16 (alt) (Entered: 01/11/2016)

AMENDED NOTICE OF HEARING ON MOTION re: 30 MOTION to Enforce Judgment and MOTION for Order to Show Cause re Contempt : (Notice generated by chambers) Motion Hearing set for 1/25/2016, 1/26/2016, and 1/27/2016 at 09:00 AM in Rm 8.200 before Judge Tena Campbell. ***PLEASE NOTE THAT HEARINGS WILL BE HELD IN COURTROOM 8.200*** (cff) (Entered: 01/13/2016)

AMENDED NOTICE OF HEARING: (Notice generated by chambers) Evidentiary Hearing set for 1/25/2016, 1/26/2016 and 1/27/2016 at 09:00 AM in Rm 8.200 before Judge Tena Campbell. ***HEARING TO BE HELD IN COURTROOM 8.200*** (cff) (Entered: 01/13/2016)

NOTICE of Waiver of Service of Subpoena for Dale Barlow by Elaine L. Chao (Truman, Alicia) (Entered: 01/14/2016)

STIPULATION by Elaine L. Chao. (Bobela, Karen) (Entered: 01/15/2016)

ORDER: Pla may file a supplemental memorandum re new arguments raised in 47 Memo re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt by 1/22/16 at 1:00 p.m. Signed by Judge Tena Campbell on 1/19/16 (alt) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Warren Barlow in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Defendants Brian Jessop, Paragon Contractors. (Sutherland, Rick) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Brian Jessop in Opposition re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Defendants Brian Jessop, Paragon Contractors. (Sutherland, Rick) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Leah Barlow in Opposition re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Defendants Brian Jessop, Paragon Contractors. (Sutherland, Rick) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of David Barlow in Opposition re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Defendants Brian Jessop, Paragon Contractors. (Sutherland, Rick) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Dale Barlow in Opposition re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Defendants Brian Jessop, Paragon Contractors. (Sutherland, Rick) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Alyssa Bistline in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Austin Barlow in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Ben Thomas in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Dorothy Laub in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Dowayne Barlow in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Joseph Doolin in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Martha Barlow in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Nathan Barlow in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Norm Freeman in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Phoebe Barlow in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Sheryl Barlow in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Thomas Barlow in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

AFFIDAVIT/DECLARATION of Winnie Barlow in Support re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

EXHIBITS filed by Elaine L. Chao re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt. (Bobela, Karen) (Entered: 01/19/2016)

EXHIBITS filed by Elaine L. Chao. (Bobela, Karen) (Entered: 01/19/2016)

EXHIBITS filed by Elaine L. Chao re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt. (Bobela, Karen) (Entered: 01/19/2016)

EXHIBITS filed by Elaine L. Chao re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt. (Bobela, Karen) (Entered: 01/19/2016)

EXHIBITS filed by Elaine L. Chao re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt. (Bobela, Karen) (Entered: 01/19/2016)

Supplemental Reply BRIEF re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt filed by Plaintiff Elaine L. Chao. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Bobela, Karen) (Entered: 01/20/2016)

MOTION in Limine and Memorandum in Support concerning Declaration of Dowayne Barlow filed by Defendants Brian Jessop, Paragon Contractors. (Sutherland, Rick) (Entered: 01/22/2016)

MOTION in Limine and Memorandum in Support concerning Declaration of Joseph Doolin filed by Defendants Brian Jessop, Paragon Contractors. (Sutherland, Rick) (Entered: 01/22/2016)

MOTION in Limine and Memorandum in Support concerning Declaration of Alyssa Bistline filed by Defendants Brian Jessop, Paragon Contractors. (Sutherland, Rick) (Entered: 01/22/2016)

EXHIBITS filed by Elaine L. Chao re 30 MOTION to Enforce Judgment MOTION for Order to Show Cause re Contempt. (Bobela, Karen) (Entered: 01/22/2016)

Minute Entry for proceedings held before Judge Tena Campbell: Evidentiary Hearing held on 1/25/2016. Counsel are present on Plaintiff's Motion to Enforce Judgment. The court notes that a number of motions in limine have been filed. The court will not deal with those motions at this time but will deal with them individually and as needed throughout these proceedings. The following witnesses are called and are placed under oath: Joseph Doolin, Alyssa Bistline, Kenneth Thomas, Dorothy Laub, Norman Freeman, Dale Barlow and Brian Jessop. Each witness is questioned and exhibits are received. Court adjourns for the day at 4:05 p.m. and all parties are instructed to return Tuesday, 1/26, at 9:00 a.m. for day 2 of the evidentiary hearing. Attorney for Plaintiff: Karen E. Bobela, Alicia A. W. Truman, Attorney for Defendant: Rick J. Sutherland, Kenneth Okasawki. Court Reporter: Patti Walker.(cff) (Entered: 01/25/2016)

Minute Entry for proceedings held before Judge Tena Campbell: Evidentiary Hearing held on 1/26/2016. Counsel are present for day 2 on Plaintiff's Motion to Enforce Judgment. The following witnesses are called: Cheryl Barlow, Nathan Barlow, Martha Barlow, Thomas Barlow, Winnie Barlow, Phoebe Barlow, Austin Barlow, Dowayne Barlow. Witness Brian Jessop takes the stand again to complete his testimony from day 1. The witnesses are placed under oath and offer testimony. Exhibits are offered and received. Defense raises numerous objections to testimony offered and the court deals with each objection individually during testimony. Plaintiff rests. Court adjourns for the day at 2:45 p.m. and all parties are instructed to return Wednesday, 1/27, at 9:00 a.m. for the final day of these proceedings. Attorney for Plaintiff: Karen E. Bobela, Alicia A. W. Truman, Attorney for Defendant: Rick J. Sutherland, Kenneth Okasaki. Court Reporter: Laura Robinson. Modified on 1/27/2016 (cff). (Entered: 01/26/2016)

Minute Entry for proceedings held before Judge Tena Campbell: Evidentiary Hearing held on 1/27/2016. Counsel are present for day 3 on Plaintiff's Motion to Enforce Judgment. The defense had anticipated three witnesses but has decided to rely on the declarations of those witnesses previously filed. Witness Brian Jessop takes the stand again to complete his testimony from day 2. He is placed under oath again and offers testimony. The parties advise the court that there is no remaining evidence in the case. The transcript of the evidentiary hearing will take approximately 3 weeks to prepare. The cost of the transcript is to be shared equally between the parties. Thirty days after the parties are notified that the transcript is available they are to simultaneously file findings of fact and conclusions of law. Once the court has reviewed the proposed findings and conclusions, and if necessary, a hearing for closing statements will be scheduled. Attorney for Plaintiff: Karen Bobela, Alicia A. W. Truman, Attorney for Defendant: Rick Sutherland, Kenneth Okasaki. Court Reporter: Kelly Hicken.(cff) (Entered: 01/27/2016)

Modification of Docket: Dkt. 86 modified to include language: "Plaintiff rests." (cff) (Entered: 01/27/2016)

Notice From the Court

NOTICE FROM THE COURT: Since the original filing of this suit, the Secretary of Labor has changed from Elaine L. Chao to Thomas E. Perez. The docket and future filings will reflect that change in the caption. (alt)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing held on January 25, 2016, before Judge Tena Campbell. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/9/2016. Redacted Transcript Deadline set for 3/21/2016. Release of Transcript Restriction set for 5/17/2016 (alt) Modified on 5/17/2016 by removing restricted text (las). (Entered: 02/17/2016)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing (pgs 432-468), held on January 27, 2016, before Judge Tena Campbell. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/10/2016. Redacted Transcript Deadline set for 3/21/2016. Release of Transcript Restriction set for 5/18/2016 (alt) Modified on 5/18/2016 by removing restricted text (las). (Entered: 02/18/2016)

Proposed Findings of Fact by Thomas E. Perez. (Bobela, Karen) (Entered: 03/21/2016)