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Herman v. Pierino Frozen Foods, Inc., 93-CLA-34 (ALJ Oct. 21, 1997)

U.S. Department of Labor
Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202

Date: Oct. 21, l997

Case No. 93-CLA-34

In the Matter Of

ALEXIS M. HERMAN, Secretary of Labor,
United States Department of Labor,
    Plaintiff,

    v.

PIERINO FROZEN FOODS, INC.,
A Corporation, and
PIERINO GUGLIMETTI, individually and
as president of PIERINO FROZEN FOODS, INC.,
    Respondents.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY DECISION

   On September 10, 1997, the Secretary of Labor, through counsel, submitted a Motion for Summary Decision and a Memorandum in Support of this Motion. The Secretary of Labor alleges that there is no genuine issue as to any material fact and that she is entitled to judgment as a matter of law. On September 23, 1997, an Order to Show Cause was issued to the Respondent as to why this Motion should not be granted. The Respondent was given until October 13, 1997, to respond. No response was received from the Respondent within this time frame. Accordingly,

   IT IS HEREBY ORDERED that the Plaintiff's Motion for Summary Decision is granted.


[Page 2]

   IT IS FURTHER ORDERED that the Respondents pay the civil money penalty of $6,500.00 assessed against them for violations of the child labor provisions of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq.

      DANIEL J. ROKETENETZ
      Administrative Law Judge



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