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Acosta v. Adherence Finishing, Inc.

United States District Court, W.D. Wisconsin

July 15, 2019

R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor Plaintiff,
v.
ADHERENCE FINISHING, INC., CRAIG SWANSON, Individually, and SCOTT SWANSON, Individually Defendants.

          CONSENT JUDGMENT AND ORDER

         Plaintiff, R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, (hereinafter "Secretary") pursuant to his authority under the provisions of Section 11(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq. (hereinafter referred to as "the Act"), has filed an action for injunctive and other appropriate relief against Defendants ADHERENCE FINISHING, INC., CRAIG SWANSON, an individual and SCOTT SWANSON, an individual (hereinafter collectively "Defendants"). Defendants and the Secretary agree to resolve all maters in controversy in this action and said parties do now consent to entry of a Judgment and Order by this Court in accordance herewith.

         A. The Secretary's Complaint in Civil Action No. 18-CV-509 [Dkt. # 1 ] ("Complaint") alleges that Defendants did intentionally and unlawfully terminate the employment of its former employee, Jason Longfellow ("Mr. Longfellow") because of the exercise of rights secured by the Act, and thereby did engage in, and are engaging in conduct which violates Section 11(c)(1) of the Act.

         B. The Secretary's Complaint further alleges that, as a result of Defendants' unlawful discrimination, Mr. Longfellow incurred damages of loss of salary, benefits, and compensation; emotional pain and suffering; and damage to his professional and personal reputation.

         C. Defendants hereby admit to the jurisdiction of the Court over them and over the subject matter of this action. Defendants admit that this Court has the authority to enforce this Order and that this Court is the most appropriate venue for any enforcement action which may be required as a result of this Order.

         D. Defendants deny the allegations in the Complaint and nothing in this Consent Judgment shall be deemed an admission by Defendants of the allegations contained within the Complaint.

         E. Defendants hereby expressly waive any and all claims of whatsoever nature that it has or may have against the Secretary, or any of his officers, agents, employees, or representatives, arising out of or in connection with the filing, prosecution and maintenance of this civil action or any other proceeding and investigation incident thereto.

         F. This Order represents a complete settlement of all the Secretary's claims asserted in this action against Defendants. This Order is not binding on any government agency or

         a. Defendants certify, pursuant to 28 U.S.C. § 1746 that in fact Defendants are presently unable to pay the full remedy amount of $50, 000. Defendants specifically acknowledge that the Secretary expressly relied upon the written financial information Defendants provided and that the submission of this information is a necessary and material condition precedent and inducement to the Secretary's agreement to the terms reflected herein this Agreement.

         b. Defendants Adherence Finishing, Inc. and Craig Swanson shall make payment to Mr. Longfellow in the total amount of $26.500. representing back wages minus appropriate payroll deductions for the employee's share of taxes, which shall be reported to the Internal Revenue Service on a Form W-2.

         c. Defendants Adherence Finishing, Inc. and Craig Swanson shall make installment payments in accordance with the following schedule:

1. $1, 000 shall be paid within thirty (30) calendar days of the entry of this Order.
2. Defendants Adherence Finishing, Inc. and Craig Swanson shall pay a second installment of $1.000 within thirty (30) calendar days of the first payment of $1, 000.
3. Defendants Adherence Finishing, Inc. and Craig Swanson shall pay $1, 500 within ninety (90) calendar days following the second installment of $1, 000 and shall pay $1, 500 within every subsequent ninety (90) calendar days thereafter until the balance of $26, 500 has been paid in full. In the event a payment due date under this paragraph falls on a weekend/holiday, the payment shall be due on the next Monday following the weekend/holiday.
4. Defendants Adherence Finishing, Inc. and Craig Swanson shall send payment to Regional Investigator, U.S. Department of Labor, OSHA, 1310 W. ...

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