Janet M. Herold, Regional Solicitor 

Bruce L. Brown, Associate Regional Solicitor 

Susan Brinkerhoff, Trial Attorney 

Office ofthe Solicitor 

U.S. Department of Labor 

300 Fifth Ave., Suite 1120 

Seattle, W A 98104 

Telephone: (206) 757-6754 

Facsimile: (206) 757-6761 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

SETH D. HARRIS, Acting Secretary of 

Labor, United States Department of Labor, 

Plaintiff, 

v. 

OAK GROVE CINEMAS, INC., an Oregon 

domestic business corporation; 

BARRINGTON MANAGEMENT, LLC, an 

Oregon domestic limited liability company; 

BARRINGTON VENTURE, LLC, an 

Oregon domestic limited liability company; 

and DAVID EMAMI, an individual and in his 

official capacity, 

Defendants. 

I. INTRODUCTION 

Case No. 3:13-cv-00728-HU 

TEMPORARY RESTRAINING ORDER 

On May 1, 2013, the Acting Secretary of Labor for the U.S. Department of Labor 

("Acting Secretary") filed suit against Defendants David Emami, Oak Grove Cinemas, Inc., 

Barrington Management, LLC, and Barrington Venture, LLC, for acts and/or threats of 

retaliation by Defendant Emami, acting on behalf of and as agent for the Defendant companies, 

against Defendants' employees. The Defendants were under investigation by the Wage and 

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Hour Division of the Department of Labor ("WH Division") for violations of the Fair Labor 

Standards Act ("FLSA"), and Defendant Emami repeatedly threatened his employees with 

retaliatory termination and/or bodily harm if they cooperated with the WH Division investigator. 

Such threats are a violation of the FLSA' s prohibition against retaliatory discrimination. See 29 

U.S.C. § 215(a)(3). 

II. LEGAL STANDARD 

Section 17 of the FLSA authorizes injunction proceedings in district courts, for cause 

shown, to restrain violations of Section 215 of the FLSA, including discrimination against an 

employee because "such employee has filed any complaint or instituted or caused to be instituted 

any proceeding under or related to this chapter, or has testified or is about to testify in any such 

proceeding." 29 U.S.C. § 217. 

Normally, a party seeking a TRO under Federal Rule of Civil Procedure 65 "must 

establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in 

the absence of preliminary relief, that the balance of equities tips in his favor, and that an 

injunction is in the public interest." Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 

(2008) (discussing standard for preliminary injunction); Frontline Medical Associates, Inc. v. 

Coventry Healthcare Workers Compensation, Inc., 620 F. Supp. 2d 1109, 1110 (C.D. Cal. 2009) 

(requirements for issuing TRO are identical to those for preliminary injunction); L.A. Unified 

Sch. Dist. v. U.S. Dist. Ct., 650 F.2d 1004, 1008 (9th Cir. 1981) ("if the district court's order 

meets the exacting requirements of a preliminary injunction, it follows a fortiori that it is 

acceptable as a TRO"). Alternatively, "'serious questions going to the merits' and a hardship 

balance that tips sharply toward the plaintiff can support issuance of an injunction, assuming the 

other two elements of the Winter test are met." Alliance for the Wild Rockies v. Cottrell, 632 

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Case 3:13-cv-00728-HU Document 4 Filed 05/02/13 Page 2 of 6 Page ID#: 48
F.3d 1127, 1132 (9th Cir. 2011). A "serious question" is one on which the movant "has a fair 

chance of success on the merits." Sierra On-Line, Inc. v. Phoenix Software, Inc., 739 F.2d 1415, 

1421 (9th Cir. 1984). 

However, a moving party need not satisfy the standard requirements for equitable relief 

when an injunction is sought to prevent the violation of a federal statute, and the statute 

specifically provides for injunctive relief. Trailer Train Co. v. State Bd. of Equalization, 697 

F.2d 860, 869 (9th Cir. 1983); Marxe v. Jackson, 833 F.2d 1121, 1128 n.3 (3rd Cir. 1987). Here, 

Section 17 of the Act provides for injunctive relief in order to restrain violations of, inter alia, the 

retaliatory discrimination provision in the Act. See 29 U.S.C. §217. Therefore, the Acting 

Secretary need not show that there is a possibility of irreparable harm before a court may issue 

an injunction. Instead, the Acting Secretary need only show that the Defendants are engaged in, 

or about to be engaged in, the act or practices prohibited by the statute. See Atchison, T. and S. 

F. Ry. Co. v. Lennen, 640 F.2d 255, 259 (lOth Cir. 1981). The declaration of WH Division 

Investigator Julieanna Elegant, which was appended to the Acting Secretary's Application for a 

Temporary Restraining Order and Order for Defendants to Show Cause Why a Preliminary 

Injunction Should Not Issue, clearly makes such a showing. However, to reinforce the gravity of 

the Plaintiffs conduct, the Acting Secretary took the additional step of showing that the 

requirements that normally apply to requests for TROs have been met here. 

III. DISCUSSION 

The Court concludes that a Temporary Restraining Order should issue in this case. The 

Acting Secretary has established that he is likely to succeed on the merits, that he is likely to 

suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his 

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favor, and that an injunction is in the public interest. Further, the Acting Secretary has 

demonstrated good cause why this Order should issue. 

IV. CONCLUSION 

In light of the foregoing, and upon revtew of the Plaintiffs motion, and any 

memorandum in response and reply, IT IS SO ORDERED that: 

(1) Defendant David Emami be enjoined from terminating or threatening to terminate 

any of his employees, or retaliating or discriminating against any of his 

employees in any other way based on his belief that his employees spoke with a 

Department of Labor Wage and Hour investigator or other Department of Labor 

official; 

(2) Defendant David Emami be enjoined from inflicting or threatening to inflict 

bodily harm on any of his employees, or engaging in any other intimidation of 

any of his employees, or from otherwise chilling or influencing any of his 

employees' communications with the Department of Labor based on his belief 

that one or more of his employees filed a complaint with the Department of 

Labor; 

(3) Defendant David Emami, or a designee of the Acting Secretary, be required to 

read aloud the following statement to all employees of Defendants Oak Grove 

Cinemas, Inc., Barrington Management, LLC, and Barrington Venture, LLC, 

informing them of their right to speak, free from retaliation or threats of 

retaliation or intimidation by Defendant David Emami, with representatives of the 

Acting Secretary including but not limited to officials of the Wage and Hour 

Division regarding the instant investigation, litigation arising out of the 

investigation, or any work conditions, such statement to be read during 

employees' paid working hours: 

You are protected by the Fair Labor Standards Act and have the right to 

participate freely in the investigation, and the lawsuit arising from that 

investigation that the US. Government is bringing against David Emami 

and others ("Lawsuit"), alleging failure to pay wages as required by law. 

If Mr. Emami or anyone acting on his behalf approached or approaches 

you regarding the Department of Labor's investigation and Lawsuit 

alleging violations of the Fair Labor Standards Act, you have a right to be 

free of any coercion from him. The Court reminds you that you have a 

right to speak with investigators or other officials from the Department of 

Labor and to testifY truthfully and free from coercion and that you should 

not be concerned, intimidated, or restrained by any statement Mr. Emami 

made to you under coercive circumstances. 

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The US. District Court for the District of Oregon has ordered Mr. Emami, 

the owner and/or director of Oak Grove Cinemas, Inc., Barrington 

Management, LLC, and/or Barrington Venture, LLC (together "the 

Companies"), and anyone acting on Mr. Emami's behalf, to cease 

coercing, retaliating against, threatening to retaliate against, 

intimidating, or attempting to influence or in any way threatening the 

employees or former employees of one or more of the Companies in any 

way for providing information to the Department of Labor or giving 

testimony in the Lawsuit. The Court has barred Mr. Emami from 

contacting or communicating with any current or former employees of the 

Companies regarding the Lawsuit or any testimony any employee may 

give regarding allegations that Mr. Emami and the Companies failed to 

pay the full wages as required by federal law. 

Usted esta protegido par Ia Ley de Normas Justas de Trabajo y tiene el 

derecho de participar libremente en Ia investigacion que el gobierno esta 

trayendo contra David Emami y otros ("pleito ") par el supuesto crimen 

violacion de fa/tar de pagar los sueldos como requiere Ia ley. 

Si el sefior Emami o cualquier persona que actue en el nombre de el le 

han acercado o le acerca en el futuro con respecto a Ia investigacion y 

pleito del Departamento de Trabajo alegando infracciones de Ia Ley de 

Normas Justas de Trabajo, usted tiene el derecho de estar libre de 

cualquier coercion de el. El Tribunal le recuerda que usted tiene el 

derecho de hablar con investigadores u otros oficiales del Departamento 

de Trabajo y el derecho de testificar verdaderamente sin coercion y que 

usted no debe estar inquieto, intimidado, o disuadido par cualquier cosa 

que el sefior Emami le ha dicho en circunstancias coercitivas. 

El Tribunal de Distrito de Oregon ha ordenado que el senor Emami, el 

dueno y/o director de Oak Grove Cinemas, Inc., Barrington Management, 

LLC, and/or Barrington Venture, LLC ("las companias'') y cualquier 

persona que actue en el nombre de el, cesen coercion o vindicacion o 

amenazas o intimidacion o intentar injluir o amenazar de cualquier 

manera los empleados o empleados antiguos de uno o mas de las 

companias par dar informacion a! Departamento de Trabajo o par dar 

testimonio para el pleito. El Tribunal ha prohibido que el sefior Emami 

contacte o comunique con empleados actuates o antiguos de las 

companias acerca del pleito o cualquier testimonio que empleados pueden 

dar acerca de las alegaciones que el senor Emami o las companias no les 

pagaron los sueldos completos como requiere Ia ley federal. 

( 4) Defendant David Emami be required to post at each worksite of Defendants Oak 

Grove Cinemas, Inc., Barrington Management, LLC, and Barrington Venture, 

LLC, a hard copy of the statement included in ~ 3 above, in both English and 

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Spanish, and provide to each employee a copy of the written statement, in English 

and in Spanish, along with the written paystub provided to each employee with 

his/her next paycheck; 

(5) Defendant David Emami be prohibited from speaking directly to employees of 

Defendants Oak Grove Cinemas, Inc., Barrington Management LLC, and/or 

Barrington Venture, LLC, either directly or through another person acting on his 

behalf (except his attorneys), regarding any pending investigation by the 

Department of Labor or regarding any communication any employee has had or 

will have with the Department of Labor about the pending investigation by the 

Wage and Hour Division, litigation arising from the investigation, or any future 

investigation; and 

( 6) Defendants reimburse Plaintiffs costs and expenses in maintaining the 

application for a temporary restraining order. 

IT IS SO ORDERED. 

Dated this __ day of May, 2013 

Presented by: 

M. PATRICIA SMITH 

Solicitor of Labor 

JANET M. HEROLD 

Regional Solicitor 

BRUCE L. BROWN 

Associate Regional Solicitor 

SUSAN BRINKERHOFF 

Trial Attorney 

/MARCO A. ERNANDEZ 

United States District Judge 

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