Opinion
Case No.: 3:13-mc-80059-SI
05-14-2013
SETH D. HARRIS, ACTING SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. RMRF ENTERPRISES, INC. Respondents.
JANET M. HEROLD Regional Solicitor DANIELLE L. JABERG Counsel for ERISA ROSE DARLING (Cal. # 243893) Trial Attorney Office of the Solicitor U.S. DEPARTMENT OF LABOR Attorneys for Petitioner
JANET M. HEROLD
Regional Solicitor
DANIELLE L. JABERG
Counsel for ERISA
ROSE DARLING (Cal. # 243893)
Trial Attorney
Office of the Solicitor
U.S. DEPARTMENT OF LABOR
Attorneys for Petitioner
[PROPOSED] ORDER TO SHOW CAUSE
Petitioner, Seth D. Harris, Acting Secretary of Labor, United States Department of Labor (the "Secretary"), has applied to this Court for an Order requiring Respondent RMRF Enterprises, Inc. ("RMRF") to produce the records, papers and documents set forth in the subpoena duces tecum issued by the Regional Director, Employee Benefit Security Administration, United States Department of Labor, and duly served upon RMRF on October 11, 2012 (the "Subpoena"). Having considered the matters set forth in the Secretary's Petition and accompanying documents, it is hereby:
ORDERED that RMRF appears and SHOW CAUSE, if any there be, why RMRF should not be ordered by this Court to comply with the Subpoena issued to RMRF by the Regional Director, Employee Benefit Security Administration, United States Department of Labor; and it is further
ORDERED that RMRF serve and file with the Clerk of this Court, no later than May 30, 2013 a response to the Secretary's Petition, specifically admitting or denying each allegation of the Petition, and setting forth the cause, if any there be, why the Petition should not be granted; and it is further; Reply may be filed by June 7, 2013.
ORDERED that RMRF appears at a hearing to be held on the Petition on June 27, 2013, at 4 p.m., in Courtroom Number 10, 19th Floor, located 450 Golden Gate Ave., San Francisco CA at the Federal Building, United States Courthouse, and it is further
ORDERED that the statute of Iimitation is tolled as of July 9, 2012, the first date of the investigation of RMRF by the Benefit Security Administration, until the Secretary notifies the Court that Respondent has complied with the Subpoena; and it is further
ORDERED that the Secretary shall forthwith serve a copy of this Order to Show Cause and the Petition and supporting documents on Respondent in accordance with Rule 4 of the FederalRules of Civil Procedure.
______________________
UNITED STATES DISTRICT COURT JUDGE
Presented by: M. PATRICIA SMITH
Solicitor of Labor