SU v. TRINKLEY et al
| JULIE A SU |
| MICHAEL TRINKLEY, TIMOTHY BARKLEY and ETHAN SIMMONS |
| 2:2024mc00195 |
| February 22, 2024 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Labor: Other |
| 29 U.S.C. § 651 Occupational Safety/Health |
| None |
Docket Report
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
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| Filing 15 Remark: This case has been transferred to 24cv426. All future filings are to be made at that case number. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ept) |
Filing 14
ORDER. The Clerk's Office is hereby directed to convert this miscellaneous action to a civil action. Signed by Judge Christy Criswell Wiegand on 3/19/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 13
ORDER GRANTING #11 Motion for Leave to File Surreply filed by Timothy Barkley, Ethan Simmons, Michael Trinkley. IT IS HEREBY ORDERED that on or before 3/22/24, Respondents shall file their surreply brief to Petitioners #11 Reply Brief. Signed by Judge Christy Criswell Wiegand on 3/19/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 12 Proposed Order re #11 Motion for Leave to File Surreply Brief by TIMOTHY BARKLEY, ETHAN SIMMONS, MICHAEL TRINKLEY. (Pawk, Michael) |
| Filing 11 MOTION for Leave to File Surreply Brief by TIMOTHY BARKLEY, ETHAN SIMMONS, MICHAEL TRINKLEY. (Pawk, Michael) |
| Filing 10 REPLY BRIEF re #7 Response in Opposition, filed by JULIE A SU. (Attachments: #1 Exhibit) (Dean, Judson) |
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Filing 9
ORDER re #7 Response in Opposition to Motion to Enforce filed by Michael Trinkley, Timothy Barkley, Ethan Simmons. IT IS HEREBY ORDERED that on or before 3/15/24, Plaintiff Julie A. Su shall file a reply to #7 Response in Opposition, which is not limited to, but must include argument as to why Plaintiff has standing to disqualify Attorney Pawk. Signed by Judge Christy Criswell Wiegand on 3/11/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 8
ORDER granting #3 Motion for Judson H. Dean to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 3/11/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc)
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| Filing 7 RESPONSE IN OPPOSITION to #1 Motion to Enforce, filed by TIMOTHY BARKLEY, ETHAN SIMMONS, MICHAEL TRINKLEY. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Pawk, Michael) |
| Filing 6 NOTICE of Appearance by Michael J Pawk on behalf of TIMOTHY BARKLEY, ETHAN SIMMONS, MICHAEL TRINKLEY. (Pawk, Michael) |
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Filing 5
ORDER re 1 Motion to Enforce Administrative Subpoenas filed by Plaintiff JULIE A. SU. Plaintiff JULIE A. SU, the Acting Secretary of the United States Department of Labor, has filed a Motion to compel Michael Trinkley, Timothy Barkley and Ethan Simmons (collectively "Respondents"), who are current employees of Vorteq Coil Finishers, LLC (Vorteq), to comply with administrative subpoenas ad testificandum issued by OSHA, which is part of the United States Department of Labor, and to disqualify the attorney currently representing Respondents, Michael Pawk and his law firm. Respondents apparently agree to testify in response to the subpoenas, but refuse to have that testimony recorded or transcribed by a Court reporter. Plaintiff seeks to enforce the recording/transcription aspect of the subpoenas. Plaintiff also seeks to disqualify Attorney Pawk on the basis of a conflict of interest between Vorteq, who hired Attorney Pawk, and Respondents. IT IS HEREBY ORDERED that on or before 3/1/24, Counsel for Plaintiff shall serve its Motion, Brief in Support, and this ORDER by email on counsel for Respondents, whom the Court understands from Plaintiff's filings is Michael Pawk, Esq., and Plaintiff shall file a certificate of service on the docket. IT IS FURTHER ORDERED that Respondents shall file a response to Plaintiff's Motion on the docket, on or before 3/7/24. Signed by Judge Christy Criswell Wiegand on 2/29/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 4 CERTIFICATE OF SERVICE by JULIE A SU (Dean, Judson) |
| Filing 3 MOTION for attorney Judson H. Dean to Appear Pro Hac Vice, (Filing fee $70 by JULIE A SU. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order) (Dean, Judson) |
| Filing 2 BRIEF in Support re #1 Motion to Enforce filed by JULIE A SU. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (elt) |
| Filing 1 MOTION to Enforce ADMINISTRATIVE SUBPOENAS by JULIE A SU. (Attachments: #1 Proposed Order, #2 Civil Cover Sheet) (elt) |
| Judge assigned to case. If a sealed mc case was opened, sealed access rights have been granted. (bjr) |
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