Judge and NLRB|Run Out of Patience

LOS ANGELES (CN) — A federal judge granted the National Labor Relations Board’s request for civil contempt charges against car wash owners who ignored subpoenas and court orders for information about the business.
     The NLRB has been investigating the owners of Century Car Wash in Inglewood. It is owned by Car Consultants, a Nevada corporation which lists Kami Emein as its owner and Shadi Messian as its president, secretary, treasurer and director.
     KB In & Out formerly operated the car wash and transferred ownership to an undisclosed entity that transferred it to Car Consultants in 2014. The transactions took place after the NLRB issued an order against KB and then secured a Ninth Circuit judgment enforcing the order. But KB never complied with the order or judgment.
     Car Consultants then failed to comply with a March 24, 2015 subpoena seeking information about the relationship between Car Consultants and KB.
     The court on July 17, 2015 granted the NLRB’s request to order Car Consultants to comply with the subpoena, but Car Consultants did not respond to the court order, prompting the NLRB to send the company and “its owner, president and legal counsel additional copies of the subpoena and the court’s order.”
     “In an enclosed letter, applicant directed respondent to comply with its original subpoena by producing documents no later than January 13, 2016,” U.S. District Judge Andre Birotte Jr. wrote in his April 27 order.
     “Applicant also requested that respondent remit payment for costs and attorney’s fees incurred during the pendency of the subpoena enforcement action and warned that it would seek an adjudication of civil contempt against respondent and its officers if respondent failed to act by January 13, 2016.”
     When Car Consultants did not respond, the NLRB sought civil contempt charges and other, including court costs and attorneys’ fees.
     Birotte granted the motion and gave Car Consultants 14 days to produce all requested documents and assessed $250 per day fines against the company and $100 per day fines against its officers if they do not comply with the deadline.
     “There is no dispute as to respondent’s noncompliance,” Birotte wrote. “Applicant has provided a sworn declaration indicating that it has not received any of the documents requested in its subpoena more than one year ago. This is despite the court’s order issued July 17, 2015 ordering respondent to comply.”
     Birotte said Car Consultants and its officers would be subject to more fines and possibly incarceration if they do not comply with his latest order.
     Birotte ordered the NLTB Board to submit a status report within 45 days.
     The NLRB’s attorney Rudy Fong Sandoval in Los Angeles did not immediately return a phone call seeking comment.
     Attempts to contact Kami Emein, Shadi Messian and Car Consultants were unsuccessful.

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