Walsh v. Z4 Fuels, LLC et al
| Martin J. Walsh |
| Z4 Fuels, LLC, Parvez Khutliwala and Rahim Ali |
| 6:2022cv00068 |
| April 4, 2022 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Labor: Fair Standards |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 12, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 19
CONSENT ORDER AND PERMANENT INJUNCTION re JOINT MOTION for Order: Based on the parties' agreement, it is therefore ORDERED, ADJUDGED and DECREED that the Defendants, Z4 Fuels, LLC, Parvez Khutliwala, Rahim Ali, their agents, servants, employees, and all persons in active concert or participation with them, are hereby permanently enjoined from violating the provisions of Section I 5(a)(3) of the FLSA, 29 U.S.C. 215(a)(3), by retaliating or discriminating against any employee because such employee has participated, mayparticipate or is believed to have participated in a U.S. Department of Labor investigation. It is further ORDERED that Defendants shall reinstate (from clerk back to manager or assistant manager, as the case may be) Krista Willett and Jessica Cornett, the two employees who were demoted as a result of their participation in the Department's investigation. It is further ORDERED that each party shall bear their own attorney fees and expenses incurred by such party in connection with any stage of this proceeding, including but not limited to, attorney fees which may be available under the Equal Access to Justice Act, as amended. As this order fully resolves the case, the Clerk is directed to close this matter. However, the Court will retain jurisdiction to enforce this order if necessary. The preliminary injunction hearingscheduled on April 13, 2022 at 1:30 p.m. is CANCELLED. Signed by Judge Robert E. Wier on 4/12/2022.(MM)cc: COR, LON D
|
| Filing 18 JOINT MOTION for Order by Martin J. Walsh Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Shepherd, Matt) |
|
Filing 17
TEMPORARY RESTRAINING ORDER re #4 MOTION for Temporary Restraining Order by Martin J. Walsh MOTION for Preliminary Injunction filed by Martin J. Walsh: The Court GRANTS DE 4 and issues a temporary restraining order against all Defendants, on the following terms: 1) Defendants (Z4 Fuels, LLC, Parvez Khutliwala and Rahim Ali), their officers, agents, servants, and employees, and those persons in active concert or participation with any of them, are enjoined from violating the provisions of Section 15(a)(3) of the FLSA, 29 U.S.C. 215(a)(3), by retaliating or discriminating against any employee because such employee has participated or may participate in the current FLSA investigation involving Defendants; 2) This specifically bars Defendants (to mean, all persons covered by this Order) from threatening, harassing, or disciplining any employee because of that employees past or future participation in the investigation. Defendants may not demand that any participating employee sign papers or enter any agreement regarding the investigation, may not attempt to bar employee participation, and may not coerce any employee or take adverse action toward any employee participation related to the investigation. Further, Defendants may not surveil or threaten to surveil employees for the purpose of identifying participation in the DOL investigation. 3) Defendants shall provide a written copy of the following notice to each of their employees by no later than April 12, 2022: SEE TRO FOR DETAILS. Further, the Court ORDERS that defense counsel immediately provide this Order to Defendants. The Court assigns the case for a preliminary injunction hearing on April 13, 2022 at 1:30 p.m. at the United States Courthouse in London, Kentucky. This TRO will expire at the conclusion of the preliminary injunction hearing, unless otherwise extended under Rule 65. ( MOTION HEARING/PRELIMINARY INJUNCTION HEARING set for 4/13/2022 at 01:30 PM in LONDON before Judge Robert E. Wier.). Signed by Judge Robert E. Wier on 4/8/2022.(JMB)cc: COR
|
| Filing 16 RESPONSE to Motion re #4 MOTION for Temporary Restraining Order by Martin J. Walsh MOTION for Preliminary Injunction filed by Rahim Ali, Parvez Khutliwala, Z4 Fuels, LLC. (Rapp, Jason) |
|
Filing 15
ORDER re #11 FIRST MOTION for Extension of Time to File Response/Reply by Rahim Ali, Parvez Khutliwala, Z4 Fuels, LLC #4 MOTION for Temporary Restraining Order by Martin J. Walsh MOTION for Preliminary Injunction : The Court GRANTS in part Defendants request at DE 11, and extends the deadline to file a response, if any, to no later than noon on April 8, 2022. The Court plans to issue an order resolving the TRO request by close of business on April 8, pending intervening orders. Signed by Judge Robert E. Wier on 4/7/22.(SYD)cc: COR
|
| Filing 14 NOTICE OF APPEARANCE by Secretary of Labor. (Tag, Jennifer) |
| Filing 13 RESPONSE in Opposition re #11 FIRST MOTION for Extension of Time to File Response/Reply by Rahim Ali, Parvez Khutliwala, Z4 Fuels, LLC filed by Martin J. Walsh. (Shepherd, Matt) |
|
Filing 12
ORDER re #11 FIRST MOTION for Extension of Time to File Response/Reply by Rahim Ali, Parvez Khutliwala, Z4 Fuels, LLC #4 MOTION for Temporary Restraining Order by Martin J. Walsh MOTION for Preliminary Injunction filed: Secretary to respond to Defendants extension request by 5:00 pm on April 6, 2022. The Court will then issue a prompt order. Signed by Judge Robert E. Wier on 4/6/22.(SYD)cc: COR
|
| Filing 11 FIRST MOTION for Extension of Time to File Response/Reply by Rahim Ali, Parvez Khutliwala, Z4 Fuels, LLC Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order Sustaining Motion)(Rapp, Jason) |
|
Filing 10
ORDER re #4 MOTION for Temporary Restraining Order by Martin J. Walsh MOTION for Preliminary Injunction filed by Martin J. Walsh: 1) Clerk shall LIST David A. Franklin as cnsl for dfts; 2) Dfts shall file Response by 4/7/2022 by noon; 3) Court will promptly consider any response and the TRO motion and issue appropriate orders; 4) Clerk shall immediately serve this order to David A. Franklin by email and by mail and shall him or his office, by telephone, to the filing; and further, the Court warns Defendants that, with or without a restraining order in place, the FLSA (29 U.S.C. 215(a)(3)), according to its terms, forbids any manner of discrimination against an employee for participation in a proceeding related to or under the Fair Labor Standards Act. Signed by Judge Robert E. Wier on 4/6/22. (MRS) cc: COR, David A. Franklin by email, US mail and telephone Modified text on 4/6/2022 (MRS).
|
| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #11 FIRST MOTION for Extension of Time to File Response/Reply by Rahim Ali, Parvez Khutliwala, Z4 Fuels, LLC (SYD) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Martin J. Walsh. Rahim Ali waiver sent on 4/5/2022, answer due 6/6/2022. (Shepherd, Matt) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Martin J. Walsh. Parvez Khutliwala waiver sent on 4/5/2022, answer due 6/6/2022. (Shepherd, Matt) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Martin J. Walsh. Z4 Fuels, LLC waiver sent on 4/5/2022, answer due 6/6/2022. (Shepherd, Matt) |
|
Filing 6
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier on 11/13/19.(JLC)cc: COR
|
| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #4 MOTION for Temporary Restraining Order by Martin J. Walsh MOTION for Preliminary Injunction (MRS) |
| Filing 5 MEMORANDUM in Support of Motion re #4 MOTION for Temporary Restraining Order by Martin J. Walsh filed by Martin J. Walsh. (JLC) |
| Filing 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Martin J. Walsh. (JLC). Added docket part MOTION for Preliminary Injunction on 4/5/2022 (MRS). |
| Filing 3 Summons Issued as to Rahim Ali, Parvez Khutliwala, Z4 Fuels, LLC; Summons issued and returned to counsel electronically (Attachments: #1 Summons Parvez Khutliwala, #2 Summons Rahim Ali)(JLC) |
| Filing 1 COMPLAINT (Filing fee $402.), filed by Martin J. Walsh. (Attachments: #1 Civil Cover Sheet, #2 Summons Z4 Fuels, LLC, #3 Summons Parvez Khutliwala, #4 Summons Rahim Ali, #5 Joshua M. Stark Declaration)(JLC) Modified file date on 4/5/2022 (JLC). |
| Conflict Check run. (JLC) |
| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Weir for review: re #4 MOTION for Temporary Restraining Order by Martin J. Walsh (JLC) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
