Acosta v. Hitchings

Acosta v. Hitchings

Case Number:	3:2019mc00025
Filed:	September 20, 2019
Court:	US District Court for the Northern District of New York
Office:	Binghamton Office
Nature of Suit:	Other

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Date Filed	Document Text
January 16, 2020	Filing 5 ORDER granting 4 Motion. Is is ORDERED that Respondent John Hitchings is in civil contempt for failing to Comply with the Court's September 20, 2019 Order. It is further ORDERED that for so long as Respondent remains out of compliance wit h the Court's September 20, 2019 Order, it must pay a per diem fine at the following increasing rates: #250 per day from this date forward; beginning fifteen days after the date of this Order, $500 per day; and beginning thirty-one days after the date of this Order, $1,000 per day, to continue indefinitely. SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 1/16/2020. (Copy served via regular mail on 1/17/2020)(khr)
September 20, 2019	Filing 3 ORDER granting 1 Motion. 1. Respondent John Hitchings is hereby ORDERED to appear at the Syracuse office of the Wage and Hours Division, United States Department of Labor, 100 South Clinton Street Room 1373, on a date and a time set by th e Employee Benefits Security Administration (EBSA). That date shall be within ten (10) days of the date of this Order; 2. Respondent shall appear at the time and place to testify specified by the Petitioner and produce documents in compliance with the administrativesubpoena issued by EBSA on February 14, 2019; 3. Respondent shall appear and comply with the subpoena and cease his disobedience and resistance to that subpoena or be subject to sanctions f or contempt of court; and 4. The applicable statute of limitations is hereby TOLLED from March 15, 2019 until the date that Respondent fully complies with the administrative subpoena. The Petitioner shall promptly notify the Court when Respondent complies. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 9/20/2019. (khr)

Date Filed

Document Text

January 16, 2020

Filing 5 ORDER granting 4 Motion. Is is ORDERED that Respondent John Hitchings is in civil contempt for failing to Comply with the Court's September 20, 2019 Order. It is further ORDERED that for so long as Respondent remains out of compliance wit h the Court's September 20, 2019 Order, it must pay a per diem fine at the following increasing rates: #250 per day from this date forward; beginning fifteen days after the date of this Order, $500 per day; and beginning thirty-one days after the date of this Order, $1,000 per day, to continue indefinitely. SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 1/16/2020. (Copy served via regular mail on 1/17/2020)(khr)

September 20, 2019

Filing 3 ORDER granting 1 Motion. 1. Respondent John Hitchings is hereby ORDERED to appear at the Syracuse office of the Wage and Hours Division, United States Department of Labor, 100 South Clinton Street Room 1373, on a date and a time set by th e Employee Benefits Security Administration (EBSA). That date shall be within ten (10) days of the date of this Order; 2. Respondent shall appear at the time and place to testify specified by the Petitioner and produce documents in compliance with the administrativesubpoena issued by EBSA on February 14, 2019; 3. Respondent shall appear and comply with the subpoena and cease his disobedience and resistance to that subpoena or be subject to sanctions f or contempt of court; and 4. The applicable statute of limitations is hereby TOLLED from March 15, 2019 until the date that Respondent fully complies with the administrative subpoena. The Petitioner shall promptly notify the Court when Respondent complies. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 9/20/2019. (khr)

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