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Marino v. Akal Security

February 10, 2009

LAWRENCE MARINO, AN INDIVIDUAL PLAINTIFF,
v.
AKAL SECURITY, INC., A NEW MEXICO CORPORATION CONDUCTING BUSINESS AS A FOREIGN CORPORATION IN CALIFORNIA; JAMES MOSIER, AN INDIVIDUAL; LARRY HOMHENICK, AN INDIVIDUAL; DOES 1-50, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Honorable Valerie Baker Fairbank

[Assigned to Honorable District Judge Valerie Baker Fairbank [Courtroom -- 9]

DEFENDANT'S FINDINGS OF FACTS AND CONCLUSIONS OF LAW TO THE HONORABLE COURT, TO PLAINTIFF, AND HIS COUNSEL OF RECORD:

Defendant Akal Security, Inc. (hereinafter referred to as "AKAL"), hereby submits the following Findings of Facts and Conclusions of Law.

I. FINDINGS OF FACTS

1. AKAL is a contractor of the United States Marshals Service ("USMS").

2. AKAL and the United States Marshals Service ("USMS") entered into a contract whereby AKAL provides security services within the Ninth Circuit ("Ninth Judicial Circuit contract").

3. Plaintiff Lawrence Marino (hereinafter "Mr. Marino") was hired by AKAL in about 2000, as a Court Security Officer ("CSO") for the United States District Court, Central District of California.

4. Mr. Marino was assigned to work at the federal courthouse located at 312 Spring Street, in downtown Los Angeles.

5. AKAL required Marino to meet certain CSO Performance Standards as outlined in the current contract between the USMS and AKAL.

6. Marino was employed pursuant to the Collective Bargaining Agreement ("CBA") between AKAL and the Court Security Officers Union -- Central District of California ("CSOU-CDC") (hereinafter the "Union").

7. Between about June 2002 through 2005, Mr. Marino allegedly wrote letters to various members of Congress and government entities, including the FBI, in which he accused AKAL and its owners of criminal activity and misconduct.

8. During Marino's employment with AKAL, the United States Department of the Army ("the Army"), ordered Marino to report to active duty in May 2005.

9. At the time he was ordered to report to active duty in 2005, Marino's work shift was Tuesday through Saturday, commencing at 5:30 a.m., ...


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