UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
June 28, 2011
TARANEH L. KHONSARI,
SECRETARY OF LABOR, HILDA SOLIS, DEFENDANT.
The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge
ORDER DENYING MOTION FOR
PRELIMINARY INJUNCTION; SETTING HEARING AND BRIEFING
SCHEDULE ON MOTION FOR EXEMPTION
On June 3, 2011, Plaintiff commenced this action by filing a motion for an exemption from the statutory bar to union employment set forth in 29 U.S.C. § 504(a). On June 21, 2011, the Court received a motion for preliminary injunction from Plaintiff. Upon review of the motion, it is apparent that Plaintiff seeks the ultimate relief of exemption from the statutory bar, not injunctive relief. The case upon which Plaintiff relies, Claudio v. United States Dept. of Labor, 137 F. Supp. 2d 405 (S.D.N.Y. Apr. 5, 2001), is distinguishable. In that case, the plaintiff was already working for the union, and the union sought to preliminarily enjoin enforcement of the bar to allow plaintiff to continue working for the union until the Court reached a final decision. Here, Plaintiff does not already work for the union, but, rather, wishes to be considered for employment by the union. Because injunctive relief is not the proper form of relief here, the Court DENIES Plaintiff's motion for preliminary injunction.
The Court sets a hearing on Plaintiff's motion for an exemption for August 2, 2011 at 3:30 p.m. The Secretary of Labor and any other official copied on this Order may file a response to Plaintiff's motion on or before July 18, 2011. Plaintiff may file a reply on or before July 27, 2011. IT IS SO ORDERED.
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