Hilda L. Solis v. Best Miracle Corporation et al
| Hilda L. Solis |
| Best Miracle Corporation, Thuy Thi Le and Toan Van Nguyen |
| Thuy T Le |
| 8:2008cv00998 |
| November 3, 2009 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Cormac J. Carney |
| Marc L. Goldman |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
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Filing
205
IN CHAMBERS MINUTE ORDER GRANTING PETITION FOR ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CIVIL CONTEMPT 203 by Judge Cormac J. Carney: The Court hereby orders Defendants to show cause why they should not be held in contempt. The hearing on the order to show cause is scheduled for December 6, 2010 at 1:30 p.m. (see document for details) (mu)
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Filing
198
AMENDED PERMANENT INJUNCTION filed by Judge Cormac J. Carney against defendants Best Miracle Corporation, Thuy Thi Le, Toan Van Nguyen: 1. Defendants, jointly and severally, shall not continue to withhold the payment of $186,559.83, which repres ents the unpaid overtime compensation plus prejudgment interest hereby found to be due to the former employees of Defendants for the period of September 5, 2005, through August 17, 2007. This amount consists of $172,832.50 in unpaid overtime wag es plus $23,119.93 of prejudgment interest computed at 4.44% per annum (which reflects the 28 U.S.C. § 1961 rate in effect on August 17, 2007) from August 17, 2007, to July 8, 2010. The total amount of $195,952.43 is reduced by th e $9,392.60 previously posted by Byer California Inc. 2. Defendants shall not, contrary to Sections 7 and 15(a)(2) of the FLSA, 29 U.S.C. §§ 217 and 215(a)(2), employ any of their employees who in any workweek are engaged in commerce o r the production of goods for commerce, or who are employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of the FLSA, for workweeks longer than forty hours, unless such employee receives compensa tion for his or her employment in excess of forty hours at a rate not less than one and one-half times the regular rates at which he or she is employed. 3. Defendants shall not fail to make, keep, make available to authorized agents of the Secretary of Labor, United States Department of Labor, for inspection, transcription, and/or copying, upon their demand for such access, and preserve records of employees and of the wages, hours, and other conditions and practices of employment maintained, as prescribed by regulations issued, and from time to time amended, pursuant to Sections 11(c) and 15(a)(5) of the FLSA, 29 U.S.C. §§ 211(c) and 215(a)(5), and the implementing regulations found in Title 29 of the Code of Federal Regulations, Part 516. (See document for further details.) (rla)
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Filing
189
JUDGMENT by Judge Cormac J. Carney, in favor of Hilda L. Solis against Best Miracle Corporation, Thuy Thi Le, Toan Van Nguyen. (rla)
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Filing
74
MINUTES (In Court) Granting Plaintiff's Motion for Protective Order 54 and Denying Defendants' Motion for Sanctions held by Magisgistrate Judge Goldman. For the reasons stated on the record at the hearing and discussed in greater detail b elow, the Court finds that Plaintiff has demonstrated an objectively reasonable fear of reprisal against former employees, sufficient to overcome Defendants need for the information. Accordingly, Plaintiffs motion for protective order is GRANTED and Defendants motion for sanctions is DENIED. (See Minute Order for further details) Tape #: CS 11/03/09. (db)
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