Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hilda L. Solis, Secretary of Labor, United States Department of Labor v. Jnb 720

August 17, 2011

HILDA L. SOLIS, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, PLAINTIFF,
v.
JNB 720, INC., A CALIFORNIA CORPORATION; POP CORN, INC., A CALIFORNIA CORPORATION; AND KWANG WON KIM A.K.A. DANIEL KIM, INDIVIDUALLY, AND AS THE MANAGING AGENT OF THE CORPORATE DEFENDANTS, DEFENDANTS.



The opinion of the court was delivered by: Hon. Valarie Baker Fairbank U.S. District Court Judge

[Proposed]

FIRST AMENDED DEFAULT JUDGMENT BY THE COURT

The plaintiff, Hilda L. Solis, Secretary of Labor, United States Department of Labor ("Plaintiff" or "Secretary"), has filed her Complaint for Injunctive Relief and to Recover Amounts Due Under the Fair Labor Standards Act ("Complaint") herein; and the defendants JNB 720, INC., a California corporation ("JNB 720"), POP CORN, INC., a California corporation ("POP CORN"), and KWANG WON KIM a.k.a. DANIEL KIM ("KIM"), Individually, and as the Managing Agent of the Corporate Defendants (hereafter collectively referred to as the "Defendants") have been duly served with Summons and a copy of Plaintiff's Complaint; and the default of the Defendants has been entered for failure to serve or file any answer of other pleading; and the Plaintiff has served and filed the Plaintiff's Application for Default Judgment by the Court ("Application"), along with a supporting Declaration of the Plaintiff's investigator, Assistant District Director Eric Williams, which verifies the allegations of the plaintiff's Complaint, including the minimum wages and overtime compensation due; now therefore, it is on Application of the Plaintiff and for cause shown:

ORDERED that Plaintiff's Application be, and hereby is, granted in full and that judgment by default be entered in favor of the Plaintiff and against the Defendants in accordance with the prayer for relief in Plaintiff's Complaint herein; and it is hereby

ORDERED, ADJUDGED, AND DECREED that Defendants, their officers, agents, servants, and employees and those persons in active concert or participation with them who receive actual notice of this order (by personal service or otherwise) be, and they hereby are, permanently enjoined and restrained from violating the provisions of Sections 15(a)(1), 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201, et seq.) herein called the FLSA, 29 U.S.C. §§ 215(a)(1), 215(a)(2), and 215(a)(5), in any of the following manners:

1. Defendants shall not, contrary to FLSA § 6, 29 U.S.C. § 206, pay any employee who in any workweek is engaged in commerce or in the production of goods for commerce, within the meaning of the FLSA, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of FLSA § 3(s), 29 U.S.C. § 203(s), engaged in commerce or in the production of goods for commerce, within the meaning of the FLSA, employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of FLSA § 3(s), wages at a rate less than $7.25 an hour (or at a rate less than such other applicable minimum rate as may hereafter become effective pursuant to any amendment to the FLSA).

2. Defendants shall not, contrary to FLSA § 7, 29 U.S.C. § 207, employ any employee who in any workweek is engaged in commerce or the production of goods for commerce, within the meaning of the FLSA, or employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of Section 3(s) of the FLSA, 29 U.S.C. § 203(s), for a workweek longer than 40 hours unless the employee is paid for his or employment in excess of 40 hours in such workweek at a rate not less than one and one half the employee's regular rate at which he or she is employed.

3. Defendants shall not fail to make, keep, make available to authorized agents of Plaintiff for inspection, transcription, and/or copying, upon their demand for such access, and preserve records of employees and of the wages, hours, and other conditions and practices of employment maintained, as prescribed by regulations issued, and from time to time amended, pursuant to FLSA §§ 11(c) and 15(a)(5), 29 U.S.C. §§ 211(c) and 215(a)(5) and the implementing regulations found in Title 29, Code of Federal Regulations, Part 516.

4. Defendants shall not fail to preserve for a period of two years and make available (to authorized agents of the plaintiff for inspection, transcription, and/or copying upon their demand for such access) order, shipping, and billing records made or retained in the usual course of business operations by defendant(s), as prescribed by regulations issued, and from time to time amended, pursuant to FLSA § 11, 29 U.S.C. § 211 and found in Title 29, Code of Federal Regulations, Part 516, at § 516.6(b).

5. Defendants shall not, contrary to FLSA § 15(a)(1), 29 U.S.C. § 215(a)(1), transport, offer for transportation, ship, deliver, or sell in commerce (or ship, deliver, or sell with knowledge or reason to believe that shipment, delivery, or sale in commerce is intended) goods in the production of which any employee has been employed in violation of FLSA §§ 6 and/or 7, 29 U.S.C. §§ 206 and/or 207, and it is further

ORDERED, ADJUDGED, AND DECREED that Defendants, jointly and severally shall not continue to withhold $267,063.94, the unpaid balance of $520,871.19, in unpaid minimum wage and overtime compensation found due under the FLSA to employees of Defendants for the period of time from January 1, 2009 to March 9, 2010, as set forth in the exhibit that is attached hereto, marked "Exhibit 1," and made a part hereof, showing the names of each employee and listing on the same line thereof the period of such employment covered therein for the employee and the gross backwage amount due the employee; and it is further,

ORDERED, ADJUDGED, AND DECREED that the Plaintiff shall also have and recover from the Defendants, jointly and severally, the additional amount of $520,871.19 as and for liquidated damages hereby found due under the FLSA; and it is further,

ORDERED that Plaintiff shall allocate and distribute the remittances, or the proceeds thereof, as soon as practicable, to the persons named in the attached "Exhibit 1," or to their estates if that be necessary, in her sole discretion. The Secretary shall be responsible for deducting from the amounts paid to said persons the employees' share of F.I.C.A. and federal income taxes, and for remitting said deductions to the appropriate federal agencies. Any money not so paid within a period of three (3) years from the date of its receipt, because of an inability to locate the proper persons or because of their refusal to accept it, shall be deposited by the Secretary in a special deposit account for payment to the proper persons and upon such inability to pay within three (3) years, shall then be deposited in the Treasury of the United States, as miscellaneous receipts, pursuant to 29 U.S.C. § 216(c); and, it is further

ORDERED that pursuant to the immediately preceding three paragraphs and within twenty (20) days of entry of this First Amended Default Judgment by the Court, Defendants shall not fail to deliver a certified or cashier's check or money order, made payable to Wage and Hour, Div. of Labor, in the amount of $787,935.13, in payment of the aforesaid unpaid minimum wage and overtime compensation and liquidated damages to Plaintiff's authorized representatives at:

U.S. Department of Labor

Wage and Hour Division West Covina District Office 100 North Barranca Avenue, Suite 850 West Covina, CA 91791 ORDERED that the filing, pursuit, and/or resolution of this proceeding with entry of this First Amended Default Judgment by the Court shall not act as or be asserted as a bar to any action under FLSA § 16, 29 U.S.C. § 216, as to any employee not named, and it is further

ORDERED that this Court shall retain jurisdiction of this action for the purpose of enforcing this First Amended Default Judgment by the Court.

SO ORDERED.

EXHIBIT 1

JNB 720, INC. EMPLOYEES LAST NAME FIRST NAME Period of Employment Gross Back Wages Adres Juan J. 05/16/2009 to

$162.00

05/16/2009

Aguilar Rosario 04/18/2009 to

$810.00

05/16/2009

Alvarado Carlos 01/31/2009 to

$2,592.09

05/16/2009

Alvarado Victoria 04/25/2009 to

$648.00

05/16/2009

Alvarez Marxoquro 01/31/2009 to

$3,240.00

05/16/2009

Bautista Luciano 01/03/2009 to

$3,240.00

05/16/2009

Boldovino Benicia 01/03/2009 to

$3,240.00

05/16/2009

Candolan Mateo 01/03/2009 to

$3,240.00

05/16/2009

Carlos Alonzo 03/28/2009 to

$1,296.00

05/16/2009

Castillo Julio 04/04/2009 to

$1,134.00

05/16/2009

Castillo Julio 05/02/2009 to

$486.00

05/15/2009

Castro Guadalupe 04/25/2009 to

$648.00

05/16/2009

Cedeno Vicente 02/28/2009 to

$1,944.00

05/16/2009

Chamorro Luis 01/03/2009 to

$3,240.00

05/16/2009

Chan Santos A. 01/03/2009 to

$3,240.00

05/16/2009

Chavez Oscar 01/03/2009 to

$3,240.00

05/16/2009

Chuta Erick 01/03/2009 to

$3,240.00

05/16/2009

Clemente Leticia 03/28/2009 to

$1,296.00

05/16/2009

De Paz Antonio 03/28/2009 to

$1,296.00

05/16/2009

De Paz Santos 02/28/2009 to

$1,944.00

05/16/2009

Fabian Juan 02/07/2009 to

$2,430.00

05/16/2009

Flores Sanchez Sofia 01/10/2009 to

$3,240.00

05/16/2009

Fuentes Javier 05/09/2009 to

$324.00

05/16/2009

Garcia Antonio 01/03/2009 to

$3,240.00

05/16/2009

Garcia Daniel 01/03/2009 to

$3,240.00

05/16/2009

Garcia Nicolas 01/03/2009 to

$3,240.00

05/16/2009

Gaspar Francisco 05/16/2009 to

$162.00

05/16/2009

Gomez Casimilo 01/03/2009 to

$3,240.00

05/16/2009

Gomez Elizabeth 04/11/2009 to

$972.00

05/16/2009

Gomez Norma E. 01/31/2009 to

$2,592.00

05/16/2009

Gomez Roman 03/28/2009 to

$1,296.00

05/16/2009

Gonzales Maria 01/03/2009 to

$3,240.00

05/16/2009

Gonzales Oswaldo 04/04/2009 to

$1,134.00

05/16/2009

Gonzalez Cesar 01/03/2009 to

$3,240.00

05/16/2009

Gonzalez Osualdo 01/03/2009 to

$3,240.00

05/16/2009

Guevara Carolina 01/03/2009 to

$3,240.00

05/16/2009

Gutrenez Filomena 01/03/2009 to

$3,240.00

05/16/2009

Hern Guillermo 04/25/2009 to

$648.00

05/16/2009

Hernandez Carmen 02/07/2009 to

$2,430.00

05/16/2009

Hernandez Hector 02/28/2009 to

$1,944.00

05/16/2009

Hernandez Pablo 05/09/2009 to

$324.00

05/15/2009

Hernandez Pablo 03/14/2009 to

$1,620.00

05/16/2009

Hernandez Pablo 01/03/2009 to

$3,240.00

05/16/2009

Herrera Anayeli 01/03/2009 to

$3,240.00

05/16/2009

Herrera Norma 01/03/2009 to

$3,240.00

05/16/2009

Huerta Genoveva 01/03/2009 to

$3,240.00

05/16/2009

Jimenez Juan Fabian 02/07/2009 to

$2,430.00

05/16/2009

Jose Maria 03/28/2009 to

$1,296.00

05/16/2009

Juan Candlario 02/07/2009 to

$648.00

02/28/2009

Lopez Diego 01/03/2009 to

$3,240.00

05/16/2009

Lopez Pascuala 01/03/2009 to

$3,240.00

05/16/2009

Lucas Zenaeda 01/03/2009 to

$3,240.00

05/16/2009

Luna Jean 05/02/2009 to

$486.00

05/16/2009

Luna Tua 01/03/2009 to

$3,240.00

05/16/2009

Martin Maria 02/28/2009 to

$1,944.00

05/16/2009

Mateo Lucia 05/16/2009 to

$162.00

05/16/2009

Melendez Carmilina 02/07/2009 to

$2,430.00

05/16/2009

Miguel Martin 05/09/2009 to

$324.00

05/16/2009

Moreno Lorenzo 05/16/2009 to

$162.00

05/16/2009

Movles Carlos 03/07/2009 to

$1,782.00

05/16/2009

Orellana Susana 01/03/2009 to

$3,240.00

05/16/2009

Pablo Faustino 01/03/2009 to

$3,240.00

05/16/2009

Pablo Jovita 04/25/2009 to

$648.00

05/16/2009

Palacio Lucina 04/18/2009 to

$810.00

05/16/2009

Peres Aura 01/03/2009 to

$3,240.00

05/16/2009

Perez Ignacio J 01/03/2009 to

$3,240.00

05/16/2009

Perez Raquel 05/09/2009 to

$324.00

05/16/2009

Prudencia Maria 01/03/2009 to

$3,240.00

05/16/2009

Ramirez Alfonso 03/21/2009 to

$1,458.00

05/16/2009

Ramirez Marina 01/03/2009 to

$3,240.00

05/16/2009

Ramos Santos 01/03/2009 to

$3,240.00

05/16/2009

Rios Ruiz Alejandra 01/03/2009 to

$3,240.00

05/16/2009

Rivera Samuel 01/03/2009 to

$3,240.00

05/16/2009

Romaro Alejandro 01/03/2009 to

$3,240.00

05/16/2009

Romero Gregorio 02/14/2009 to

$2,268.00

...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.