WALSH v. CORDOBA GANDARA et al
| Secretary of Labor MARTIN J. WALSH |
| BENJAMIN CORDOBA GANDARA and ELTON NASCMENTO DA SILVA |
| 3:2022cv01862 |
| April 1, 2022 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Freda L Wolfson |
| Labor: Other |
| None |
Docket Report
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Filing 15
ORDER Administratively Terminating this action without prejudice to the right of the parties to reopen the proceedings for good cause shown, and without disturbing the Defendant's ongoing obligations under the Court's 5/10/2022 Contempt Order. Signed by Chief Judge Freda L. Wolfson on 10/6/2022. (mg) Modified on 10/12/2022 (km).
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| Filing 14 Letter from Attorney for Plaintiff. (Attachments: #1 Text of Proposed Order Proposed Order of Administrative Termination)(LANCIA, NICOLE) |
| Filing 13 Mail Returned as Undeliverable (Docket entry #10 ). Mail sent to Benjamin Cordoba Gandara (abr, ) |
| Filing 12 Mail Returned as Undeliverable. Mail sent to ELTON NASCMENTO DA SILVA (jal, ) |
| Filing 11 Mail Returned as Undeliverable. Mail sent to Elton Nascmento Da Silva (jdg) |
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Filing 10
ORDER OF CONTEMPT that Respondent Gandara pay a daily fine of $100 per day for his failure to appear, commencing on May 11, 2022, and continuing until such time that Respondent Gandara cures his contempt by appearing and giving testimony as ordered, with the fine payable to the United States District Court for the District of New Jersey. The clerk of the court mail a copy of this Order to Respondent Gandara by overnight mail, return receipt requested. Signed by Chief Judge Freda L. Wolfson on 5/10/2022. (abr, ) (Additional attachment(s) added on 5/11/2022: #1 Over Night Envelope) (abr).
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| Filing 9 Minute Entry for proceedings held before Chief Judge Freda L. Wolfson: Show Cause Hearing held on 5/10/2022. No appearance or response from Respondent Gandara. Court Granted Order to Show Cause and ordered Respondent Gandara held in Contempt of Court. Court imposed a daily fine. Order to be submitted. (Court Reporter, Carol Farrell (856-318-6100)) (jmm, ) |
| Filing 8 Certified Mail Receipt Returned sent to BENJAMIN CORDOBA GANDARA (abr, ) |
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Filing 7
ORDER TO SHOW CAUSE: Respondent Gandara is to appear on 5/10/2022 at 11:30 AM in Trenton - Courtroom 5E before Chief Judge Freda L. Wolfson, to show cause as to why he should not be held in contempt; The Clerk of the court mail a copy of this Order to Show Cause to Respondent Gandara by overnight mail Saturday delivery, return receipt requested. Signed by Chief Judge Freda L. Wolfson on 5/6/2022. (abr, ) (Additional attachment(s) added on 5/6/2022: #1 Over Night Envelope) (abr). Modified on 5/9/2022 (jmh).
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Filing 5
REPORT AND RECOMMENDATION: It is Recommended that the District Court issue an Order to Show Cause to Respondents, requiring them to appear on a date certain prior to 5/10/2022, the statutory deadline by which OSHA must conclude its investigation, to show cause why they should not be held in contempt; should Respondents fail to appear as directed, the District Court issue a warrant for Respondents' arrest and hold them in custody until they purge themselves of their contempt; any person who has an objection to the proposed findings and recommendations has 14 days to file objections. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/20/2022. (jmh)
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| #5 Report and Recommendation sent to Respondents at the addresses listed via First Class Mail and Certified Mail on 4/20/2022. (jmh) (Additional attachment(s) added on 4/20/2022: #1 Certified mail) (jal, ). |
| Filing 6 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Show Cause Hearing held on 4/19/2022. Hearing held regarding (Docket Entry No. #4 ) to show cause why Benjamin Cordoba Gandara and Elton Nascmento Da Silva should not be held in contempt for failing to comply with the Subpoenas. Report and Recommendation to be filed. (jem) |
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Filing 4
LETTER ORDER TO SHOW CAUSE: Granting #1 Motion to Quash; Gandara and Da Silva are hereby commanded to appear in person on 4/19/2022 at 10:00 a.m. to show cause why they should not be held in contempt for failing to comply with the Subpoenas and this Court Order. (Order mailed both certified and regular mail on 4/7/2022). Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/6/2022. (abr, ) (Additional attachment(s) added on 4/7/2022: #1 Certified Mail Envelope) (abr).
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| Filing 3 CERTIFICATE OF SERVICE by MARTIN J. WALSH re #1 MOTION to Quash/Compel/Enforce Subpoenas Ad Testificandum (Fee exemption selected) (LANCIA, NICOLE) |
| CLERK'S QUALITY CONTROL MESSAGE - The Brief in Support #2 filed by Nicole Lancia on 4/1/2022 was submitted incorrectly as a Motion. The calendar event created by use of this event has been terminated. In the future PLEASE SUBMIT THE Brief in Support USING the event Brief in Support. This submission will remain on the docket unless otherwise ordered by the court. (jjc) |
| Chief Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (jdg, ) |
| Set Deadlines as to #1 MOTION to Quash/Compel/Enforce Subpoenas Ad Testificandum (Fee exemption selected). Motion set for 5/2/2022 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg, ) |
| Filing 2 MOTION to Quash/Compel/Enforce Subpoenas Brief in Support of Verified Petition (Fee exemption selected), filed by MARTIN J. WALSH. (Attachments: #1 Text of Proposed Order Proposed Order)(LANCIA, NICOLE) |
| Filing 1 MOTION to Quash/Compel/Enforce Subpoenas Ad Testificandum (Fee exemption selected), filed by MARTIN J. WALSH. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Civil Cover Sheet Civil Cover Sheet)(LANCIA, NICOLE) |
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