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Case 2:05-cv-02303-FCD-KJM Document 18 Filed 12/02/2005 Page 1 of 5

8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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HELIX ELECTRIC, INC. CASE NO. 05-cv-2303 FCD KJM
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Plaintiff,
12 STIPULATION TO CONTINUE
v. TEMPORARY RESTRAINING ORDER
13 AND HEARING ON ORDER TO SHOW
DIVISION OF LABOR STANDARDS CAUSE RE ENTRY OF PRELIMINARY
14 ENFORCEMENT, an agency of the State of INJUNCTION; ORDER THEREON
California; DEPARTMENT OF
15 INDUSTRIAL RELATIONS, an agency of the
State of California; DONNA DELL, an Judge: Hon. Frank C. Damrell, Jr.
16 individual in her capacity as Labor
Commissioner of the State of California;
17 JOHN REA, an individual in his capacity as
Acting Director of the Department of
18 Industrial Relations of the State of California;
COUNTY OF SACRAMENTO, PUBLIC
19 WORKS COMPLIANCE PROGRAM,

20 Defendants.

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W02-SD:DM A\5140108 2.1

CASE NO. 05-cv-2303 FCD KJM


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Case 2:05-cv-02303-FCD-KJM Document 18 Filed 12/02/2005 Page 2 of 5

1 WHEREAS, the Court issued a temporary restraining order on Tuesday, November

2 22, 2005, preventing the release of Helix Electric, Inc.'s employees' addresses to the Public Works

3 Compliance Program;

5 WHEREAS, the Court further set a hearing on December 2, 2005 at 10:00 a.m., for

6 defendants to show cause why a preliminary injunction should not be issued;

8 WHEREAS, the Court set a briefing schedule for the hearing on the order to show

9 cause;

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11 WHEREAS, the Court elected not to require Helix to post a bond for the temporary

12 restraining order;

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14 WHEREAS, the Public Works Compliance Program has indicated that it may

15 request the Court to require that Helix post a bond;

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17 WHEREAS, the parties have discussed the pending hearing date and briefing

18 schedule and have agreed to continue those dates to allow adequate time for full and complete
19 briefing on the issues;

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21 THEREFORE, by and through their respective counsel, the parties stipulate as

22 follows:

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24 1. Defendants hereby agree that the temporary restraining order shall remain in

25 full force and effect until the hearing on the order to show cause re a preliminary injunction is

26 held;

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1 2. The hearing on the order to show cause why a preliminary injunction should

2 not be issue shall be continued until January 27, 2006 at 10:00 a.m.

4 3. Any and all opposition papers must be filed and served by Defendants no

5 later than January 6, 2006.

7 4. Any and all reply papers must be filed and served by Helix no later than

8 January 20, 2006.

10 5. The Public Works Compliance Program shall have until December 5, 2005

11 to file and serve a request for reconsideration as to whether Helix must post a bond on the

12 temporary restraining order.

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14 IT IS SO STIPULATED:

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16 DATED: ___________________, 2005

17 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP


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19 By
RICHARD M. FREEMAN
20 MATTHEW S. McCONNELL
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Attorneys for Plaintiff
22 HELIX ELECTRIC, INC.

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1
DATED: ___________________, 2005
2
WEINBERG, ROGER & ROSENFELD
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4
By
5 DAVID ROSENFELD, Esq.
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Attorneys for Defendant
7 PUBLIC WORKS COMPLIANCE PROGRAM

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DATED: ___________________, 2005
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By
12 RAY C. THOMPSON, Deputy County Counsel
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Attorney for Defendant
14 COUNTY OF SACRAMENTO

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DATED: ___________________, 2005
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By
19 ANN HIPSHMAN, Esq.
20 Attorney for Defendants
21 DIVISION OF LABOR STANDARDS
ENFORCEMENT, DEPARTMENT OF INDUSTRIAL
22 RELATIONS, JOHN REA AS ACTING DIRECTOR
OF THE DIR, AND DONNA DELL AS LABOR
23 COMMISSIONER
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Case 2:05-cv-02303-FCD-KJM Document 18 Filed 12/02/2005 Page 5 of 5

1 ORDER

2 Based on the foregoing stipulation and good cause appearing therefore, the Court

3 orders the following:

5 The hearing on the order to show cause why a preliminary injunction should not be

6 issue shall be continued until January 23, 2006 at 10:00 a.m.

8 Any and all opposition papers must be filed and served by Defendants no later than

9 January 6, 2006.

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11 Any and all reply papers must be filed and served by Helix no later than

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13 January 20, 2006.

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15 The temporary restraining order prohibiting the release of Helix Electric, Inc.'s

16 employees' address to the Public Works Compliance Program shall remain in full force and effect

17 until the hearing on the order to show cause re a preliminary injunction is held.

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19 The Public Works Compliance Program shall have until December 5, 2005 to file

20 and serve a request for reconsideration as to whether Helix must post a bond on the temporary

21 restraining order.

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23 IT IS SO ORDERED.

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25 Dated: December 2, 2005 /s/ Frank C. Damrell Jr.

26 UNITED STATES DISTRICT JUDGE

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