UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

NATIONAL LABOR 

RELATIONS BOARD, 

 Petitioner, CIVIL ACTION NO. 15-mc-50264 

v. DISTRICT JUDGE PAUL D. BORMAN 

D2 ABATEMENT, INC. and MAGISTRATE JUDGE MONA K. MAJZOUB 

PREMIER ENVIRONMENTAL 

SOLUTIONS, LLC, 

 Respondents. 

_____________________________/ 

ORDER GRANTING APPLICATION FOR ORDER 

ENFORCING SUBPOENAS DUCES TECUM [1]

 Before the Court is an Application for Order Enforcing Subpoenas Duces Tecum filed by 

the National Labor Relations Board (“NLRB”) on February 25, 2015. (Docket no. 1.) 

Respondents D2 Abatement, Inc. and Premier Environmental Solutions, LLC have not filed a 

response, and the time for responding has expired. This matter was referred to the undersigned 

for decision pursuant to 28 U.S.C. § 636(b)(1)(A). (Docket no. 3.) The Court has reviewed the 

pleadings and dispenses with oral argument pursuant to Eastern District of Michigan Local Rule 

7.1(f)(2). The Court is now ready to rule pursuant to 28 U.S.C. § 636(b)(1)(A). 

 On July 22, 2014, the International Union of Painters and Allied Trades filed unfair labor 

practice charges against Respondents with the NLRB. (Docket no. 1 at 2, 6; docket no. 1-4.) On 

January 30, 2015, the NLRB issued investigative subpoenas duces tecum directing the custodians 

of records for Respondents to appear on February 13, 2015 at the NLRB’s Office for Region 

Seven in Detroit, Michigan to provide sworn affidavit testimony and to produce certain 

2:15-mc-50264-PDB-MKM Doc # 9 Filed 09/09/15 Pg 1 of 3 Pg ID 79
2 

documents. (Docket no. 1 at 3-4, 7; docket no. 1-7; docket no. 1-9.) Respondents did not appear 

as directed or produce the requested documents. They also have not petitioned to revoke the 

subpoenas. 

 Pursuant to Section 11 of the National Labor Relations Act, 29 U.S.C. § 161, the Court 

has reviewed the subpoenas, the pleadings, and the other exhibits submitted by the NLRB, and 

finds that the NLRB’s issuance of the subpoenas duces tecum is within the lawful jurisdiction of 

the government authority seeking the requested sworn testimony and documents; that the 

subpoenas were issued for a legitimate statutory purpose; that the testimony and documents 

sought are reasonably relevant to that purpose; and that the NLRB has observed all pertinent 

statutory procedures. 

IT IS THEREFORE ORDERED that the Application for Order Enforcing Subpoenas 

Duces Tecum [1] is GRANTED. 

IT IS FURTHER ORDERED that Respondents D2 Abatement, Inc. and Premier 

Environmental Solutions, LLC will comply with NLRB Subpoenas Nos. B-1-KZFE0H, B-1-

KZFJZR, B-1-KZFGQJ, B-1-KZFZXX, B-1-KZGCH1, and B-1-KZFZDX and appear before 

the NLRB at a time and place as the Regional Director may designate to produce all the records 

requested in the subpoenas and to give testimony as directed, including sworn affidavit 

testimony. 

Respondents’ failure to comply with this order may result in the imposition of sanctions. 

NOTICE TO THE PARTIES

 Pursuant to Fed. R. Civ. P. 72(a), the parties have a period of fourteen days from the date 

of this Order within which to file any written appeal to the District Judge as may be permissible 

under 28 U.S.C. § 636(b)(1). 

2:15-mc-50264-PDB-MKM Doc # 9 Filed 09/09/15 Pg 2 of 3 Pg ID 80
3 

 

Dated: September 9, 2015 s/Mona K. Majzoub 

MONA K. MAJZOUB 

 UNITED STATES MAGISTRATE JUDGE 

PROOF OF SERVICE

 I hereby certify that a copy of this Order was served upon counsel of record on this date. 

Dated: September 9, 2015 s/Lisa C. Bartlett 

 Case Manager

2:15-mc-50264-PDB-MKM Doc # 9 Filed 09/09/15 Pg 3 of 3 Pg ID 81