EXHIBIT A
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

EUGENE SCALIA, )

Secretary of Labor, )

United States Department of Labor, ) 

) Misc. Case No.:

Petitioner, )

) Judge:

v. ) 

) Magistrate Judge:

LA BOMBA FOOD RESTAURANT, )

INC., )

)

Respondent. )

DECLARATION OF WAGE AND HOUR INVESTIGATOR

PIOTR KISIELINSKI IN SUPPORT OF THE SECRETARY OF LABOR’S

PETITION TO ENFORCE ADMINISTRATIVE SUBPOENA DUCES TECUM

PIOTR KISIELINSKI hereby states and declares on personal information 

and belief as follows:

1. I am an investigator for the Chicago District Office of the United 

States Department of Labor, Wage and Hour Division. As part of my duties as an 

investigator, I conduct investigations to ascertain compliance with the Fair Labor 

Standards Act (“FLSA”). I have been an investigator with the Chicago District 

Office since September 2000.

2. On November 29, 2019, I received an assignment to investigate 

compliance with federal wage and hour laws, including, but not limited to, 

compliance with the FLSA’s minimum wage, overtime, and record-keeping 

provisions, by La Bomba Food Restaurant, Inc. (“La Bomba”), which maintains an 

EXHIBIT A Page 1 of 4
office and its principal place of business at 3221 W. Armitage Ave., Chicago, Illinois 

60647.

3. On December 9, 2019, I conducted an on-site visit of La Bomba with 

Assistant District Director Gabriel Gelbtuch (“ADD Gelbtuch”), my supervisor, at

its principal place of business. I brought with me a FLSA appointment letter dated 

December 9, 2019, outlining the Wage and Hour Division’s investigation and 

identifying documents necessary to ascertain compliance with the FLSA. Because 

Wilson Torres, La Bomba’s owner, was not present during the on-site investigation, 

I gave an employee of La Bomba the FLSA appointment letter with directions to 

give the FLSA appointment letter to Mr. Torres. The employee confirmed he would 

give the FLSA appointment letter to Mr. Torres. The FLSA appointment letter is 

attached hereto as Exhibit A-1.

4. On December 17, 2019, I returned to La Bomba and briefly met with 

Mr. Torres. During that meeting, Mr. Torres explained La Bomba’s bookkeeper, 

Arney Ruiz of Successful, Inc., d/b/a Successful Business Services, had the records

sought in the FLSA appointment letter. Mr. Torres gave me Mr. Ruiz’s contact 

information.

5. On December 20, 2019, I sent Mr. Ruiz the FLSA appointment letter 

attached hereto as Exhibit A-1 via email at arneyr@sbspractice.com. My email to 

Mr. Ruiz is attached hereto as Exhibit A-2.

EXHIBIT A Page 2 of 4
6. On December 23, 2019, Mr. Ruiz confirmed receipt of my December 20, 

2019, email with the FLSA appointment letter attached. Mr. Ruiz’s confirmation 

email is attached hereto as Exhibit A-3.

7. On December 27, 2019, I emailed Mr. Ruiz and requested the 

responsive documents be provided by December 30, 2019. See Ex. A-3 at 1.

8. On December 30, 2019, La Bomba failed to provide any records.

9. On February 3, 2020, after several unsuccessful attempts by ADD 

Gelbtuch to obtain compliance with the document requests, I served Mr. Torres inperson with a Subpoena Duces Tecum (“Subpoena”) directed to La Bomba. The

Subpoena Duces Tecum is attached hereto as Exhibit A-4.

10. The Subpoena required La Bomba to produce the requested records no 

later than February 10, 2020. See Ex. A-4 at 1.

11. To date, the only documents La Bomba produced are the 2018 IRS W-2 

forms for La Bomba’s 10 employees and the 2019 IRS W-2 forms for La Bomba’s 10 

employees.

12. La Bomba’s failure to comply fully with the Subpoena has impeded and 

continues to impede the Wage and Hour Division’s investigation under the 

provisions of section 11 of the FLSA to ascertain La Bomba’s compliance with the

FLSA.

13. Exhibits A-1 through A-4 attached hereto are true and correct copies of 

what they purport to be.

EXHIBIT A Page 3 of 4
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the 

foregoing is true and correct.

Dated: 

PIOTR KISIELINSKI

04/30/2020

EXHIBIT A Page 4 of 4
EXHIBIT A-1
U.S. Department of Labor Wage and Hour Division

230 S. Dearborn St.

Chicago, IL 60657

Office: 312-789-2974

kisielinski.piotr@dol.gov

12/09/2019

La Bomba Food Restaurant, Inc.

3221 W Armitage Ave

Chicago, IL 60647

Re: Wage & Hour Investigation

To whom it may concern: 

The Wage and Hour Division (WHD) of the U.S. Department of Labor is responsible for 

administering and enforcing a number of federal labor laws, including the Fair Labor 

Standards Act (FLSA). The enclosed pamphlet briefly describes the FLSA.

Authority for this investigation is contained in Section 11(a) of the FLSA. Section 11(a) states, 

“The Administrator or his designated representatives may investigate and gather data regarding 

the wages, hours, and other conditions and practices of employment in any industry subject to 

this chapter, and may enter and inspect such places and such records (and make such 

transcriptions thereof), question such employees, and investigate such facts, conditions, practices 

or matters as he may deem necessary or appropriate to determine whether any person has 

violated any provision of this chapter or which may aid in the enforcement of the provisions of 

this chapter.”

I will visit your establishment on (to be determined) to verify such compliance. The normal 

procedure is to hold an opening conference with a representative of the company, check certain 

records for a two-year period, interview a representative number of employees, and hold a 

closing conference to discuss the results of the investigation. 

In order to conduct the investigation with as little disruption to your business operations as 

possible, please have available for our inspection on the date to be determined, all documents 

providing the following information for the last two years, ending with your last completed 

payroll:

(1) Names, addresses, and telephone numbers of all business owners and company 

officers (e.g., President, Treasurer, Secretary, Board of Directors and other Corporate 

Officers) along with a company organizational chart if you have one;

EXHIBIT A-1 Page 1 of 3
(2) Legal name of the company and all other names used by the company (e.g., “Doing 

Business As” names);

(3) Records demonstrating your gross annual dollar volume of sales (front page of the 

federal tax return form). Please provide these records for the past three (instead of 

two) years;

(4) A list of all employees, with their address, phone number, hourly rate or salary, 

descriptive job title, date of hire/fire, and whether you consider that employee exempt 

from overtime; for all current and former employees;

(5) Payroll and time records for the past two years (broken down by pay period), 

including a copy of the most recently completed payroll (if possible, please provide 

these records digitally. Please contact me prior to my visit to discuss);

(6) Birth dates for all employees under age 18 who worked during the past 24 months;

(7) 1099 Forms and contract documents with any independent contractors, subcontractors 

or day laborers at this establishment;

(8) Federal Employer Identification Number (FEIN);

If any of the above listed documents are available electronically or can be easily copied and 

mailed, I ask that you forward them to me at the address or email listed above.

We request that you have copies of all of the listed documents available on the designated 

meeting date pursuant to the authority contained in Section 11(a) and (c) of the FLSA and in Part 

516 of the Code of Federal Regulations. 

Per section 15(a)(3) of the FLSA, you are prohibited from retaliating against any person who 

files a complaint with the Wage and Hour Division or who cooperates with a Wage and Hour 

Division investigation. You are also prohibited from retaliating against your employees for 

accepting payment of the wages owed to them or from requiring your employee to return or 

decline payment of the wages owed to them.

Every effort will be made to conduct this investigation expeditiously and with a minimum of 

inconvenience to you and your employees. However, please note that the above is not intended 

to be an exhaustive or final list of records to be examined.

If you have any questions, feel free to call me at 312-785-3253.

Sincerely,

Peter Kisielinski, WHI

EXHIBIT A-1 Page 2 of 3
Enclosures:

Handy Reference Guide https://www.dol.gov/whd/regs/compliance/wh1282.pdf

Fact Sheet #44 https://www.dol.gov/whd/regs/compliance/whdfs44.htm

EXHIBIT A-1 Page 3 of 3
EXHIBIT A-2
1

From: Kisielinski, Piotr - WHD

Sent: Friday, December 20, 2019 1:55 PM

To: arneyr@sbspractice.com

Cc: Kisielinski, Piotr - WHD

Subject: records request letter - La Bomba

Attachments: La Bomba FLSA-Appt-letter.doc

Follow Up Flag: Follow up

Flag Status: Flagged

As discussed. Please respond acknowledging receiving this email.

Thank you.

Piotr ‘Peter’ Kisielinski, Investigator 

U.S. Department of Labor 

Wage and Hour Division 

230 S. Dearborn Street, Room 412 

Chicago, IL 60604 

Telephone: (312) 789-2974 

Mobile: (312) 758-3253 

****WARNING  

THIS COMMUNICATION MAY CONTAIN SENSITIVE INVESTIGATIVE MATERIAL REQUIRING SPECIAL HANDLING 

The attached information may be confidential. It is intended only for the addressee(s) identified above. If you are not the addressee(s), or an 

employee or agent of the addressee(s), please note that any dissemination, distribution or copying of this communication is strictly prohibited. If you 

have received this communication in error, please destroy and/or permanently delete the information and notify the sender of the error.

EXHIBIT A-2 Page 1 of 1
EXHIBIT A-3
1

From: Kisielinski, Piotr - WHD

Sent: Friday, December 27, 2019 1:46 PM

To: 'Arney Ruiz'

Subject: RE: records request letter - La Bomba

Arney,

Please provide the requested records by 12/30/19.

Call me if you have any questions.

Thank you.

Piotr ‘Peter’ Kisielinski, Investigator 

U.S. Department of Labor 

Wage and Hour Division 

230 S. Dearborn Street, Room 412 

Chicago, IL 60604 

Telephone: (312) 789-2974 

Mobile: (312) 758-3253 

** **WARNING  

THIS COMMUNICATION MAY CONTAIN SENSITIVE INVESTIGATIVE MATERIAL REQUIRING SPECIAL HANDLING 

The attached information may be confidential. It is intended only for the addressee(s) identified above. If you are not the addressee(s), or an 

employee or agent of the addressee(s), please note that any dissemination, distribution or copying of this communication is strictly prohibited. If you 

have received this communication in error, please destroy and/or permanently delete the information and notify the sender of the error.

From: Arney Ruiz <arneyr@sbspractice.com>  

Sent: Monday, December 23, 2019 10:07 AM

To: Kisielinski, Piotr ‐ WHD <Kisielinski.Piotr@dol.gov>

Subject: Re: records request letter ‐ La Bomba

received, thank you 

On Fri, Dec 20, 2019 at 1:55 PM Kisielinski, Piotr - WHD <Kisielinski.Piotr@dol.gov> wrote: 

As discussed. Please respond acknowledging receiving this email. 

Thank you.

Piotr ‘Peter’ Kisielinski, Investigator

EXHIBIT A-3 Page 1 of 3
2

U.S. Department of Labor

Wage and Hour Division

230 S. Dearborn Street, Room 412

Chicago, IL 60604

Telephone: (312) 789-2974

Mobile: (312) 758-3253

** **WARNING**** 

THIS COMMUNICATION MAY CONTAIN SENSITIVE INVESTIGATIVE MATERIAL REQUIRING SPECIAL HANDLING 

The attached information may be confidential. It is intended only for the addressee(s) identified above. If you are not the addressee(s), or an 

employee or agent of the addressee(s), please note that any dissemination, distribution or copying of this communication is strictly prohibited. If 

you have received this communication in error, please destroy and/or permanently delete the information and notify the sender of the error.

-- 

Arney Ruiz

Successful Inc

1315 Butterfield Rd Suite 222

Downers Grove IL 60515 

Ph. 630-724-0996

Fax. 866-883-7068

www.sbspractice.com

"Your Success. Our Business" 

ANY RESPONSE CONTAINED IN THIS EMAIL IS GENERIC IN NATURE AND MAY NOT BE USED 

FOR SPECIFIC CLIENT SITUATIONS. ALL RECIPIENTS OF THIS EMAIL MUST PERFORM THEIR 

OWN INDEPENDENT RESEARCH AND EMPLOY PAID PROFESSIONAL CONSULTATION AND 

COME TO THEIR OWN CONCLUSIONS.

CONFIDENTIALITY NOTICE:This email and any attachments are for the exclusive and confidential use of 

the intended recipient.If you are not the intended recipient,please do not read,distribute or take action in reliance 

EXHIBIT A-3 Page 2 of 3
3

upon this message.If you have received this in error,please notify me immediately by return email and promptly 

delete this message and its attachments from your computer system.I do not waive attorney-client or work 

product privilege by the transmission of this message.

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EXHIBIT B
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

EUGENE SCALIA, )

Secretary of Labor, )

United States Department of Labor, ) 

) Misc. Case No.:

Petitioner, )

) Judge:

v. ) 

) Magistrate Judge:

LA BOMBA FOOD RESTAURANT, )

INC., )

)

Respondent. )

DECLARATION OF WAGE AND HOUR ASSISTANT DISTRICT DIRECTOR

GABRIEL GELBTUCH IN SUPPORT OF THE SECRETARY OF LABOR’S

PETITION TO ENFORCE ADMINISTRATIVE SUBPOENA DUCES TECUM

GABRIEL GELBTUCH hereby states and declares on personal information 

and belief as follows:

1. I am an Assistant District Director (“ADD”) for the Chicago District 

Office of the United States Department of Labor, Wage and Hour Division. As part 

of my duties as an Assistant District Director, I assign Wage and Hour 

Investigators to conduct investigations to ascertain compliance with the Fair Labor 

Standards Act (“FLSA”) and supervise such investigations. I have been an ADD

with the Chicago District Office since May 26, 2019. Prior to that, I was a Wage and 

Hour Investigator in the Little Rock, Arkansas District Office from December 28, 

2014, to May 25, 2019.

2. On November 29, 2019, I assigned Wage and Hour Investigator Piotr 

Kisielinski (“WHI Kisielinski”) to investigate compliance with federal wage and 

EXHIBIT B Page 1 of 4
hour laws, including, but not limited to, compliance with the FLSA’s minimum 

wage, overtime, and record-keeping provisions, by La Bomba Food Restaurant, Inc. 

(“La Bomba”), which maintains an office and its principal place of business at 3221 

W. Armitage Ave., Chicago, Illinois 60647.

3. On December 9, 2019, I conducted an on-site visit of La Bomba with 

WHI Kisielinski at its principal place of business. WHI Kisielinski brought a FLSA 

appointment letter dated December 9, 2019, outlining the Wage and Hour Division’s 

investigation and identifying documents necessary to ascertain compliance with the 

FLSA. Because Wilson Torres, La Bomba’s owner, was not present during the onsite investigation, WHI Kisielinski gave an employee of La Bomba the FLSA 

appointment letter with directions to give the FLSA appointment letter to Mr. 

Torres. The employee confirmed he would give the FLSA appointment letter to Mr. 

Torres. The FLSA appointment letter is attached to the Declaration of Wage and 

Hour Piotr Kisielinski in Support of the Secretary of Labor’s Petition to Enforce 

Administrative Subpoena Duces Tecum as Exhibit A-1.

4. On January 6, 2020, after La Bomba produced no documents in 

response to the FLSA appointment letter, I sent via email to La Bomba’s 

bookkeeper, Arney Ruiz of Successful, Inc., d/b/a Successful Business Services, a 72-

hour letter identifying documents necessary to ascertain compliance with the FLSA

and requiring production within 72 hours as required by 29 C.F.R. § 516.7(a) (2019).

I also sent the 72-hour letter via First-Class Mail to Mr. Torres at La Bomba’s 

EXHIBIT B Page 2 of 4
principal place of business. The 72-hour letter is attached hereto as Exhibit B-1; my 

email to Mr. Ruiz is attached hereto as Exhibit B-2.

5. According to the Illinois Secretary of State’s website, Hector G. 

Borquez is La Bomba’s registered agent. Mr. Borquez’s address is listed as 1315 

Butterfield Road, Suite 222, Downers Grove, Illinois 60515. This is the same 

address as Successful, Inc., d/b/a Successful Business Services.

6. On January 9, 2020, Mr. Ruiz called me to discuss the 72-hour letter. 

Mr. Ruiz explained he received the 72-hour letter and had access to some of La 

Bomba’s payroll records, but he could not provide them to the Wage and Hour 

Division without obtaining permission from Mr. Torres. Mr. Ruiz also stated he had 

trouble contacting Mr. Torres, but he would attempt to contact Mr. Torres in order 

to obtain his permission to provide the payroll records to the Wage and Hour 

Division.

7. On February 24, 2020, after the Subpoena Duces Tecum (“Subpoena”) 

requiring the production of documents by February 10, 2020 (subsequently 

extended by the Wage and Hour Division to February 17, 2020), was personally 

served on Mr. Torres by WHI Kisielinski on February 3, 2020, and no documents 

had been produced, I called Mr. Torres and requested all responsive documents be 

delivered to the Chicago District Office that day.

8. On February 25, 2020, Mr. Torres came to the Chicago District Office 

and produced the 2018 IRS W-2 forms for La Bomba’s 10 employees and the 2019 

IRS W-2 forms for La Bomba’s 10 employees. Mr. Torres stated he would produce all 

EXHIBIT B Page 3 of 4
requested payroll records, documents showing La Bomba’s annual dollar volume, 

and a list of employee contact information. 

9. To date, the only documents La Bomba produced are the 2018 IRS W-2

forms for La Bomba’s 10 employees and the 2019 IRS W-2 forms for La Bomba’s 10 

employees. February 25, 2020, is the last and only date on which La Bomba 

produced any documents.

10. La Bomba’s failure to comply fully with the Subpoena has impeded and

continues to impede the Wage and Hour Division’s investigation under the 

provisions of section 11 of the FLSA to ascertain La Bomba’s compliance with the

FLSA.

11. Exhibits B-1 through B-2 attached hereto are true and correct copies of

what they purport to be.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the 

foregoing is true and correct.

Dated: 

GABRIEL GELBTUCH

05/01/2020

EXHIBIT B Page 4 of 4
EXHIBIT B-1
U.S. Department of Labor Wage and Hour Division

230 S. Dearborn St.

Room 412

Chicago, IL 60604

312-789-2981

January 6, 2020

Wilson Torres 

La Bomba Food Restaurant Inc.

3221 W. Armitage Ave.

Chicago, IL 60647

SENT VIA ELECTRONIC MAIL 

SUBJECT: Wage Hour Investigation

Dear Mr. Torres:

An investigation of La Bomba Food Restaurant Inc. was scheduled to determine the application of 

the provisions of the Fair Labor Standards Act to its operation. In order to make these 

determinations, it is necessary to examine certain records. According to information furnished me, 

you have refused Wage Hour Investigator Kisielinski access to those records.

Section 11(a)((29 U.S.C. 211(a)) of the Fair Labor Standards Act provides as follows:

The Secretary of Labor or his/her designated representatives may investigate and gather 

data regarding the wages, hours, and other conditions and practices of employment in any 

industry subject to the Act, and may enter an inspect such places and such records (and 

make such transcriptions thereof), question such employees, and investigate such facts, 

conditions, practices or matters as he/she may deem necessary or appropriate to determine 

whether any person has violated any provision of this Act or which may did in the 

enforcement of the provisions of this Act.

THE ACT ALSO PROVIDES FOR THE ISSUANCE OF SUBPOENAS TO SUPPORT 

SUCH INVESTIGATIONS.

The Supreme Court of the United States has long ago affirmed this subpoena power. In Oklahoma 

Press Publ’g Co. v. Walling, 327 U. S. 186 (1946), the United States Supreme Court held that the 

Administrator need not show that the employer is subject to the Act as a condition precedent to 

obtaining an order enforcing his/her subpoena, and he/she may subpoena all records which he/she 

deems necessary and appropriate to the investigation.

A number of Circuit Courts of Appeal have reviewed various situations involving this section and 

have held to the same effect:

EXHIBIT B-1 Page 1 of 2
Tobin v. Banks & Rumbaugh, 201 F. 2d 223 (5th Cir. 1953)

Holloway Gravel Co. v. McComb, 174 F. 2d 421 (5th Cir. 1949) 

Cuday Packing Co. v. Fleming, 119 F. 2d 209 (5th Cir. 1941)

Mississippi Road Supply Co. v. Walling, 136 F. 2d 391 (5th Cir. 1943)

Walling v. Benson, 137 F. 2d 501 (8th Cir. 1943)

Additionally, the Supreme Court reaffirmed the holding of Oklahoma Press in Donovan v. Lone 

Steer, Inc., 464 U.S. 408 (1984). In Donovan, the Supreme Court stated that it was clear that the 

Secretary of Labor may issue an administrative subpoena without a warrant. Id. at 415. 

In 1965 a District Court decision in the ninth Circuit considered such an investigation, Wirtz v. 

Horowitz, 1965 U.S. Dist. LEXIS 7454 (D. Cal. 1965). The Court held that the Administrator is 

entitled to judicial enforcement of a subpoena directing a corporation to produce certain records 

in order to determine whether the corporation had violated the Act. It said the Administrator had 

the right to require the records without having to show that the corporation was covered or that the 

Act had been violated.

Regulation 516.7 (29 CFR 516.7) requires each employer to make available to the Administrator 

or his/her representative, within 72 hours of written notice, those records the firm is required to 

keep under Regulations 516.2 and 516.6 covering the last two years for the company. These 

records include:

 time and pay records, time cards, time sheets, payroll registers, payroll journals, piece 

rate tickets (Reg. 516.2)

 names, addresses and social security numbers of all employees/contractors/homeworkers 

and dates of birth of all under 19 years of age (Reg. 516.2)

 shipping and receiving records, including invoices, delivery records, bills of lading (Reg. 

516.6)

 sales records (Reg 516.6)

This is to be considered your 72 hours written notice to have records available at 02:00 pm 

on January 9, 2020 at 230 S. Dearborn St., Room 412, Chicago, IL 60608

Thank you for your attention. Please call me if you have any questions.

Sincerely yours,

Gabe Gelbtuch

Assistant District Director

EXHIBIT B-1 Page 2 of 2
EXHIBIT B-2
1

From: Gelbtuch, Gabriel - WHD

Sent: Monday, January 6, 2020 1:54 PM

To: arneyr@sbspractice.com

Cc: Kisielinski, Piotr - WHD

Subject: 72 Hour Letter

Attachments: La Bomba - 72 Hour Letter.docx

Good afternoon,

Please see attached letter for your client, Mr. Wilson Torres, of La Bomba Food Restaurant Inc.  A copy has also been

mailed to the establishment.  Please let me know if you have any questions.   

Thanks,

Gabe Gelbtuch

Assistant District Director

Wage and Hour Division

230 S. Dearborn St., Room 412

Chicago, IL 60604

(312) 789‐2981

EXHIBIT B-2 Page 1 of 1
EXHIBIT C
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

EUGENE SCALIA, )

Secretary of Labor, )

United States Department of Labor, ) 

) Misc. Case No.:

Petitioner, )

) Judge:

v. ) 

) Magistrate Judge:

LA BOMBA FOOD RESTAURANT, )

INC., )

)

Respondent. )

DECLARATION OF WAGE AND HOUR DISTRICT DIRECTOR

THOMAS GAUZA IN SUPPORT OF THE SECRETARY OF LABOR’S

PETITION TO ENFORCE ADMINISTRATIVE SUBPOENA DUCES TECUM

THOMAS GAUZA hereby states and declares on personal information and 

belief as follows:

1. I am the District Director for the Chicago District Office of the United 

States Department of Labor, Wage and Hour Division. As part of my duties as an 

District Director, I supervise Assistant District Directors who in turn assign Wage 

and Hour Investigators to conduct investigations to ascertain compliance with the 

Fair Labor Standards Act (“FLSA”) and supervise such investigations. I have been 

the District Director for the Chicago District Office since December 2004.

2. On November 29, 2019, Assistant District Director Gabriel Gelbtuch 

assigned Wage and Hour Investigator Piotr Kisielinski (“WHI Kisielinski”) to 

investigate compliance with federal wage and hour laws by Respondent La Bomba 

EXHIBIT C Page 1 of 2
Food Restaurant, Inc. (“La Bomba”), which maintains an office and its principal 

place of business at 3221 W. Armitage Ave., Chicago, Illinois 60647.

3. On February 3, 2020, WHI Kisielinski served Mr. Torres in-person 

with a Subpoena Duces Tecum (“Subpoena”) directed to La Bomba. A true and 

correct copy of the Subpoena Duces Tecum is attached to the Declaration of Wage 

and Hour Piotr Kisielinski in Support of the Secretary of Labor’s Petition to Enforce 

Administrative Subpoena Duces Tecum as Exhibit A-4.

4. The Subpoena required La Bomba to produce the requested records no 

later than February 10, 2020. See Ex. A-4 at 1.

5. On February 10, 2020, Wilson Torres, La Bomba’s owner, came to the 

Chicago District Office. Mr. Torres did not schedule a meeting in advance of his 

visit. I met with Mr. Torres for approximately five minutes. Mr. Torres brought no 

documents with him, and he asked for additional time to respond to the Subpoena

issued on February 3, 2020, because he had not gathered the requested documents 

yet. I gave Mr. Torres until February 17, 2020, to comply with the Subpoena.

6. Respondent provided no documents on February 17, 2020, the 

extended deadline for compliance with the Subpoena.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the 

foregoing is true and correct.

Dated: 

THOMAS GAUZA

May 1, 2020

EXHIBIT C Page 2 of 2