This case was last updated from PACER on 07/13/2020 at 05:26:59 (UTC).

Scalia v. Miller et al

Case Summary

On 11/19/2019 Scalia filed a Labor - Other Labor lawsuit against Miller. This case was filed in U.S. District Courts, Illinois Central District. The Judges overseeing this case are Colin Stirling Bruce and Eric I. Long. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-MC-02002

  • Filing Date:

    11/19/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    U.S. District Courts

  • Courthouse:

    Illinois Central District

Judge Details

Presiding Judge

Colin Stirling Bruce

Referral Judge

Eric I. Long

 

Party Details

Petitioner

Eugene Scalia

Respondents

Elmer Miller

Arcola, IL 61910

Elmer Miller individually doing business as Miller Brothers Building Systems LLC

Arcola, IL 61910

Attorney/Law Firm Details

Petitioner Attorneys

Christine Z Heri

Attorney at US DEPARTMENT OF LABOR

230 S Dearborn, 8Th Floor

Chicago, IL 60604

Esther E Mulder

Attorney at US SOLICITOR OF LABOR CHICAGO REGIONAL OFFICE

Room 844, 230 South Dearborn Street

Chicago, IL 60604

 

Court Documents

8 #1

Affidavit Aff. of Service for written and text contempt orders

#8

(#8) AFFIDAVIT of Service for Order scheduling hearing and Order Recommending Contempt (2 affidavits) served on Elmer Miller on 12/20/19, filed by Eugene Scalia. (Attachments: #1 Affidavit Aff. of Service for written and text contempt orders)(Mulder, Esther) (Entered: 01/09/2020)

#7

(#7) REPORT AND RECOMMENDATIONS entered by Magistrate Judge Eric I. Long on 12/20/19 re #1 PETITION to Enforce Administrative Subpoenas Issued by OSHA filed by Eugene Scalia. Due to the Respondent's failure to comply with the subpoena or to show cause for his failure to comply, the Court recommends that he be held in contempt. The parties are advised that any objection to this recommendation must be filed in writing with the clerk within 14 days after being served with a copy of this Report and Recommendation. See 28 U.S.C. Section 636(b)(1). Failure to object will constitute a waiver of objections on appeal. The Court directs the Petitioner to serve a copy of this Order on Respondent. This matter remains set for a hearing before Judge Colin S. Bruce on 1/10/20 at 1:30 p.m. Courtroom A, 201. S. Vine St., Urbana, IL. Objections to R&R due by 1/3/20. (TC, ilcd) (Entered: 12/20/2019)

#6

(#6) NOTICE Complainant's Status Update to the Court (Mulder, Esther) (Entered: 12/16/2019)

#5

(#5) AFFIDAVIT of Service for Court's Order issued Dec 6, 2019, served on Elmer Miller on Dec 10, 2019, filed by Eugene Scalia. (Mulder, Esther) (Entered: 12/16/2019)

#4

(#4) ORDER TO COMPLY WITH SUBPOENAS OR SHOW CAUSE entered by Magistrate Judge Eric I. Long on 12/6/2019. Show Cause Response due by 12/12/2019. See written Order.(DS, ilcd) (Entered: 12/06/2019)

#3

(#3) AFFIDAVIT of Service for Secretary's Petition w/exhibits, Memo, Proposed Order served on Elmer Miller on 11.21.19, filed by Eugene Scalia. (Mulder, Esther) (Entered: 12/05/2019)

#2

(#2) MEMORANDUM in Support re Secretary of Labor's #1 PETITION to Enforce Administrative Subpoenas filed by Petitioner Eugene Scalia. (KM, ilcd) (Entered: 11/19/2019)

1 #2

Civil Cover Sheet

1 #1

Proposed Order

#1

(#1) PETITION to Enforce Administrative Subpoenas Issued by OSHA with Exhibits by Petitioner Eugene Scalia. Responses due by 12/3/2019 (Attachments: #1 Proposed Order, #2 Civil Cover Sheet). (KM, ilcd) (Entered: 11/19/2019)

 

Docket Entries

  • 01/10/2020
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  • DocketMinute Entry for proceedings held 1/10/20 before Judge Colin Stirling Bruce. Appearance for Petitioner by Esther Mulder. Appearance by Respondent Elmer Miller pro se. Miscellaneous hearing held in person. Petitioner's Petition to Enforce #1 discussed. Petitioner moves for court to hold Respondent in contempt until Respondent fully complies with subpoenas. Respondent indicates that he will not have a problem complying with any subpoenas by the compliance dates. Court reserves ruling on contempt issue. Petitioner completed service of two additional subpoenas on Respondent during the hearing. Petitioner orally moves for equitable tolling of the enforcement period of limitations from the 6/13/19 inspection to the 3/6/20 hearing. Oral motion granted. Petitioner orally moves that Respondent waive service and provide reliable contact information on the record. Respondent agrees. Respondent will accept further service by mail as opposed to personal service. The oral motion is granted. Respondent provided an address for mailing documents and workable phone number as: 433 E. Co Road 100 N, Arcola, IL 61910, Ph #217-268-4546. Petitioner orally moves for Respondent to pay costs for obtaining compliance with subpoenas and reasonable attorney fees in this case. The Court reserves judgment on that issue. Petitioner orally moves for the Court to order Respondent to receive and return their phone calls. Oral motion granted. Court directs Petitioner to telephone Respondent only from 8 a.m. to 5 p.m. on normal business days. Court directs Respondent to return Petitioner's phone calls within 48 business hours. Court directs Respondent Miller to provide Petitioner the documents requested in the two subpoenas duces tecum, to be postmarked no later than 1/20/20. Deposition is scheduled for Respondent Miller on 1/30/20 at 10:00 a.m. at the US Courthouse in Urbana. Court orders Respondent Miller to appear for his deposition at that date and time. This matter is scheduled for further Miscellaneous Hearing for 3/6/20 at 2:30 PM in Courtroom A in Urbana before Judge Colin Stirling Bruce. Petitioner to notify the Court regarding Respondent's compliance with subpoenas prior to the 3/6/20 hearing. The Court anticipates cancelling the 3/6/20 hearing if Petitioner reports Respondent's compliance. Clerk directed to mail a copy of Minutes to Pro se Plaintiff at address provided. (Court Reporter LC.) (TC, ilcd) (Entered: 01/10/2020)

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  • 01/09/2020
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  • (#8) AFFIDAVIT of Service for Order scheduling hearing and Order Recommending Contempt (2 affidavits) served on Elmer Miller on 12/20/19, filed by Eugene Scalia. (Attachments: #1 Affidavit Aff. of Service for written and text contempt orders)(Mulder, Esther) (Entered: 01/09/2020)

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  • 12/20/2019
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  • (#7) REPORT AND RECOMMENDATIONS entered by Magistrate Judge Eric I. Long on 12/20/19 re #1 PETITION to Enforce Administrative Subpoenas Issued by OSHA filed by Eugene Scalia. Due to the Respondent's failure to comply with the subpoena or to show cause for his failure to comply, the Court recommends that he be held in contempt. The parties are advised that any objection to this recommendation must be filed in writing with the clerk within 14 days after being served with a copy of this Report and Recommendation. See 28 U.S.C. Section 636(b)(1). Failure to object will constitute a waiver of objections on appeal. The Court directs the Petitioner to serve a copy of this Order on Respondent. This matter remains set for a hearing before Judge Colin S. Bruce on 1/10/20 at 1:30 p.m. Courtroom A, 201. S. Vine St., Urbana, IL. Objections to R&R due by 1/3/20. (TC, ilcd) (Entered: 12/20/2019)

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  • 12/17/2019
  • TEXT ORDER entered by Judge Colin Stirling Bruce on 12/17/19. At the request of Petitioner, a hearing is set for 1/10/20 at 1:30 PM before Judge Colin S. Bruce, 201 S. Vine St., Urbana IL, Courtroom A. The Court directs Petitioner to serve notice of this order on Respondent. (TC, ilcd) (Entered: 12/17/2019)

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  • 12/16/2019
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  • (#6) NOTICE Complainant's Status Update to the Court (Mulder, Esther) (Entered: 12/16/2019)

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  • 12/16/2019
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  • (#5) AFFIDAVIT of Service for Court's Order issued Dec 6, 2019, served on Elmer Miller on Dec 10, 2019, filed by Eugene Scalia. (Mulder, Esther) (Entered: 12/16/2019)

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  • 12/06/2019
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  • (#4) ORDER TO COMPLY WITH SUBPOENAS OR SHOW CAUSE entered by Magistrate Judge Eric I. Long on 12/6/2019. Show Cause Response due by 12/12/2019. See written Order.(DS, ilcd) (Entered: 12/06/2019)

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  • 12/06/2019
  • Minute Entry for proceedings held 12/6/19 before Magistrate Judge Eric I. Long. Appearance on behalf of petitioner by Esther Mulder. No appearance of respondent. Clerk attempted to contact respondent with no success. Status Conference held by telephone. Status of the case discussed. Respondent has 7 days to comply with the administrative subpoena. Written order to be entered. (Tape #UR-B 10:36 AM.) (SKR, ilcd) (Entered: 12/06/2019)

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  • 12/05/2019
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  • (#3) AFFIDAVIT of Service for Secretary's Petition w/exhibits, Memo, Proposed Order served on Elmer Miller on 11.21.19, filed by Eugene Scalia. (Mulder, Esther) (Entered: 12/05/2019)

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  • 11/22/2019
  • Set/Reset Hearings: Status Conference set for 12/6/19 at 10:15 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (TC, ilcd) (Entered: 11/22/2019)

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  • 11/22/2019
  • TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/22/19. A telephone status conference with the Petitioner is set for 12/6/19 at 10:15 AM before Magistrate Judge Eric I. Long. The Court will initiate the call. (TC, ilcd) (Entered: 11/22/2019)

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  • 11/19/2019
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  • (#2) MEMORANDUM in Support re Secretary of Labor's #1 PETITION to Enforce Administrative Subpoenas filed by Petitioner Eugene Scalia. (KM, ilcd) (Entered: 11/19/2019)

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  • 11/19/2019
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  • (#1) PETITION to Enforce Administrative Subpoenas Issued by OSHA with Exhibits by Petitioner Eugene Scalia. Responses due by 12/3/2019 (Attachments: #1 Proposed Order, #2 Civil Cover Sheet). (KM, ilcd) (Entered: 11/19/2019)

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